THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.25741 of 2008 ORDER: 1 This Writ Petition is filed questioning the notification dated 15.11.2008 issued in ROC No.K/1981/08 by the Revenue Divisional Officer, Tirupati inviting applications to fill up vacant Fair Price shops in Tirupati Urban Mandal. In this Writ Petition the petitioner is concerned with the shop No.2 located at Indira Nagar, Tirupati Urban Mandal, Tirupati. 2 It is the case of the petitioner that initially for the shop No.2 of Tirupati Town, authorisation was issued in open category to one V.Venkatesu. When he was removed on certain charges, the petitioner was appointed as a temporary dealer and he has been continuing as such. When the respondents have issued the impugned notification to fill the shop No.2 along with several other shops in Tirupati Urban Mandal, this Writ Petition is filed. 3 As per the impugned notification, shop No.2 is reserved for physically handicapped. It is the case of the petitioner that though there are several vacancies in open category, without filling up the same, there is no reason or justification for the respondents to reserve the shop No.2 for physically handicapped candidates. 4 A detailed counter affidavit is filed by the Revenue Divisional Officer, Tirupati. In the counter affidavit, while denying the allegations of the petitioner, it is stated that the petitioner is only a temporary dealer for shop No.2 of Tirupati town and he was appointed in the year 2008 as a stop gap arrangement only. It is further stated that in Tirupati division totally there are 699 fair price shops, out of which 356 vacancies are in open category and out of the said 356 vacancies, 291 shops were filled up and there are 65 vacancies to be filled from the open category; similarly there is also a short fall to fill up the vacancies under S.T and physically handicapped quota. 5 From the counter affidavit filed on behalf of the respondents, it is clear that a large number of shops are kept vacant in the open category. In that view of the matter, there is no reason for reserving the shop No.2 of Indira Nagar, Tirupati under the physically handicapped quota. When the petitioner is appointed as a dealer in 2008 on temporary basis and he is continuing as such, in view of the large number of vacancies available in open category, I deem it a fit case to set aside the impugned notification to the extent of shop No.2 of Indira Nagar, Tirupati so as to give an opportunity to the petitioner to compete along with the other eligible candidates in case it is notified in the open category. 6 For the aforesaid reasons, the impugned notification dated 15.11.2008 issued in R.O.C.No.K/1981/08 to the extent of shop No.2 of Indira Nagar, Tirupati is concerned is hereby set aside with a direction to the respondents to notify the said shop afresh by keeping it in open category and fill up the same by following the due procedure. It is further made clear that if the petitioner applies for the said post, the respondents shall consider the same keeping in mind the temporary services being rendered by the petitioner. The respondents are further directed to continue the petitioner till appropriate regular appointment is made. 7 Subject to the above directions, this Writ Petition is allowed. No costs. ------------------------ R.Subhash Reddy, J. 13.10.2011 Kvsn