THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 25449 OF 2008 Dated: 21-09-2011 Between: Guntupalli Meerendra Rao ... PETITIONER AND The Revenue Divisional Officer (Civil Supplies), Guntur, Guntur District ... RESPONDENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 25449 OF 2008 ORDER: In this writ petition, the petitioner had questioned notification dated 10-11-2008 issued by the Revenue Divisional Officer, Guntur, the respondent herein in Rc.No.1626 of 2008, calling for applications from open category candidates to fill up the vacancy of fair price shop dealership in the newly created fair price shop of Peesapadu Village, Krosuru Mandal, Guntur District. It is stated that the petitioner who is a resident of Peesapadu Village, Krosuru Mandal belongs to Mangali community which is notified as Backward Class (BC) and had passed X class. As per the orders issued by the Government in G.O Ms. No.53, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 06-10-2003, 25% of the fair price shops have to be reserved for BC candidates. It is the grievance of the petitioner that having regard to the total number of fair price shops in the unit of Guntur Revenue Division, there is a shortfall with regard to reservation in favour of BC candidates, but the impugned notification is issued inviting applications from open category candidates. In the counter affidavit filed by the respondent, while admitting that 25% of the fair price shops have to be reserved for BC candidates, it is stated that there are total of 835 fair price shops in the unit 25% of which comes to 209, but there are only 140 fair price shops held by candidates belonging to BC category and there is shortfall of 69 candidates belonging to BC category as on the date of issuance of notification. It is also stated that the population in the unit is more of BC category. The averments made in the counter affidavit make it clear that though 209 fair price shops out of 835 fair price shops are to be reserved in favour of BC category, only 140 fair price shops are filled with the candidates belonging to BC category and there is shortfall of 69 for which there is no explanation from the respondent. It is also clear from the counter affidavit that BC population is also more in the unit in question. Hence, it is a fit case to set aside the impugned notification. In view of the same, the impugned notification issued by the respondent in Rc.No.1629 of 2008, dated 10-11-2008 is set aside with a direction to the respondent to issue fresh notification inviting applications and fill up the vacancy. The respondent shall verify the total number of shops as on the date and if there is shortfall with regard to reservation in favour of BC candidates, he shall issue notification by reserving the vacancy in question in favour of BC category. In case 25% of the fair price shops in the unit are already filled up with the candidates belonging to BC category, it is open for the respondent to issue notification inviting applications from general category. The selection process shall be completed within a period of three months from today. The arrangement which exists as on date shall be continued till the vacancy is filled up on regular basis. The writ petition is accordingly allowed. No order as to costs. R. SUBHASH REDDY, J 21-09-2011 ks