THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.15663 of 2008 ORDER: Petitioner, who is an unemployed Scheduled Tribe (S.T.), is a resident of Madanur Village, Kothapatnam Mandal, Prakasam District. In the Writ Petition, he has questioned notification, dated 30.06.2008, issued by the second respondent – Revenue Divisional Officer, Ongole, Prakasam District, inviting applications from the candidates belonging to Scheduled Caste (S.C.), for appointment of fair price shop dealer in Madanur Village. It is the case of the petitioner that there are number of unemployed people like him in the Village. It is his further case that though there is a shortfall of reservation for S.T. candidates, the impugned notification is issued again reserving for S.C. candidates, although there are two more shops in the same Village held by the candidates belonging to S.C. and one more shop by a person belonging to O.C. category. It is his further case that there are 807 fair price shops in Ongole revenue division and though 6% reservation is provided to S.Ts., there are only 23 fair price shops run by such candidates. It is his further case that instead of filling the vacancy with a candidate belonging to S.T., the respondents have notified the same again reserving for S.C., although S.C. candidates are holding fair price shops more than 15% of the total number of shops in the revenue division of Ongole. At the stage of admission, this Court passed interim order on 29.07.2008 and the said order continued all along. Although the Writ Petition is of 2008, no counter-affidavit is filed, but, on instructions, it is submitted by the learned Assistant Government Pleader for Civil Supplies appearing for the respondents that for the purpose of implementing reservations to S.C., S.T., B.C. etc., revenue division is made basis as a unit. It is further submitted that out of 919 total number of shops in the unit of Ongole division, for S.C.s, there is 15% reservation, as per which, 138 shops are to be held by such candidates but, as of now, 202 fair price shops are held by the candidates belonging to S.C. It is also submitted that with regard to S.T. candidates, there is a reservation for 6%, which comes to 55 vacancies, but there are only 12 fair price shops held by S.T. candidates in the entire division. From the above facts and figures submitted by the learned Assistant Government Pleader for Civil Supplies appearing for the respondents, it is to be noticed that there is already excess percentage of candidates belonging to S.C. than the required percentage of 15% but, so far as S.T.s are concerned, out of 919 total number of shops in the unit of Ongole division, though 55 vacancies are reserved for S.Ts, there are only 12 existing fair price shops held by such candidates, as such, there is a shortfall of 43. In that view of the matter, the impugned notification reserving the vacancy again to S.C. candidate, itself is illegal, as such, it is liable to be set aside. Accordingly, the Writ Petition is allowed and the impugned notification is hereby quashed with the direction to the second respondent to notify the vacancy by reserving it to S.T. and fill up the same, as expeditiously as possible, preferably, within a period of two (2) months from the date of receipt of a copy of this order. It is made clear that the arrangement, which exists as on today, shall be continued till appropriate steps are taken and new fair price shop dealer is appointed. No order as to costs. _______________________ R.SUBHASH REDDY, J 14th SEPTEMBER, 2011. kvni