IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:15876 OF 2008 DATED:10.11.2010 Between: Smt.Gollapalli Hemavathi .....PETITIONER AND The Revenue Divisional Officer & another. .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:16232 OF 2008 ORDER: This writ petition has been filed to declare the notification No:Rc.B.2008/2008, dated 1.7.2008 issued by the 1st respondent, viz., Revenue Divisional Officer, Kavali calling for the applications for appointment of dealers in respect of Fair price shops of the various villages, including Chennavarappadu village, Sangam Mandal reserving the same for the “OC” candidates as illegal. Earlier, the 1st respondent issued a notification in Rc.B.No:1234/2008, dated 1.5.2008 calling for the applications to appoint a dealer in respect of the shop located at Chennavarappadu village reserving the same for “SC” (woman). In response to the said notification, the petitioner and 5 others filed applications, out of which, four (4) applicants were disqualified and the petitioner and one Jyothi Srilakshmi were called for the interview on 8.6.2008. Jyothi Srilakshmi was ultimately selected and accordingly, she was issued with temporary appointment order in Rc.B.No:1234/39/2008, dated 13.6.2008 subject to satisfying certain conditions. The Tahsildar, Sangam conducted an enquiry and submitted a report, dated 17.6.2008 reporting that Jyothi Srilakshmi was not qualified as she was a regular student studying 3rd year Engineering Course and that her mother was working as A.N.M in Podalkur Mandal and that the income was above Rs.1 lakh per annum. In view of the said report, the Revenue Divisional Officer, Kavali cancelled the temporary authorization of Jyothi Srilakshmi by orders in R.C.B.No:1234/39/2008, dated 18.6.2008. The petitioner thereafter made a representation to the 1st respondent, viz., Revenue Divisional Officer, Kavali to appoint her taking into consideration the fact that she was the immediate candidate after Jyothi Srilakshmi and in her absence, the petitioner would have been appointed. Pending the said representation, the petitioner also filed an appeal in Rc.E.No:691/2008 before the Joint Collector, Nellore seeking appointment in her favour. While the said appeal is pending disposal, the 2nd respondent has issued the impugned notification dated 1.7.2008 for making fresh appointment in respect of the same shop reserving it to be filled up by “OC” candidate. Aggrieved by the said notification, this writ petition is filed. The only grievance of the petitioner in this writ petition is that her appeal for appointment in pursuance of the earlier notification in Rc.B.No:1234/2008, dated 1.5.2008 is still pending and that unless the same becomes final, no fresh appointment can be made. There is no dispute that the appeal filed by her seeking appointment in pursuance of the earlier notification, is still pending consideration before the 2nd respondent, viz., Joint Collector, Nellore. Needless to that in the event of appeal being allowed, the petitioner would be granted the authorization and in which case, the later notification in Rc.B.No:2008/2008, dated 1.7.2008 would be unnecessary. Having regard to the same, it is appropriate to direct the 2nd respondent, viz., Joint Collector, Nellore to dispose of the appeal within a time frame. 2nd respondent is accordingly directed to dispose of the appeal filed by the petitioner against the orders in Rc.B.1234/39/2008, dated 13.6.2008 of the 1st respondent herein as early as possible, preferably within a period of six (6) Weeks from the date of receipt of a copy of this order. The respondents are directed not to appoint and finalise the selection of the candidate in response to the notification in Rc.B.2008/2008, dated 1.7.2008 issued by the 1st respondent herein till the disposal of the appeal. The writ petition is accordingly disposed of. No order as to costs. _______________ Justice Noushad Ali Note: CC in two days. (BO) gurc. Date:10.11.2010. THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION NO:15876 OF 2008 DATED:10.11.2010