THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.Nos.27551 of 2009 & 9353 of 2010 Date : 23-11-2010 Between : Smt.Koluguri Devendra w/o.Raju .. Petitioner And The District Collector (Civil Supplies), Karimnagar, Karimnagar District and others .. Respondents Counsel for the petitioner : Sri T.V. Ramana Rao Counsel for respondents : G.P. for Civil Supplies The Court made the following : COMMON ORDER: As these two Writ Petitions pertain to the same fair price shop, namely, Shop No.1716, Mulkanuru village, Bheemadevarapalli Mandal, Karimnagar District (for short “the fair price shop”), they are heard and being disposed of together at the Interlocutory stage with the consent of the learned counsel for the parties. W.P.No.27551/2009 is filed by a temporary dealer of the fair price shop questioning reservation of the fair price shop for candidates belonging to Backward Classes. W.P.No.9353/2010 has been filed by a person who is stated to have got selected for appointment as dealer of the fair price shop, feeling aggrieved by the purported inaction of the official respondents in issuing appointment order. The outcome of W.P.No.27551/2009 would decide the fate of W.P.No.9353/2010. Sri T.V. Ramana Rao, learned counsel for the petitioner in W.P.No.27551/2009 submitted that the action of the respondents in reserving the fair price shop to candidates belonging to Backward Classes is arbitrary. In support of his submission, the learned Counsel placed reliance on G.O.Ms.No.53, Consumer Affairs, Food and Civil Supplies (CS.1) Department, dated 6-10-2003, which inter alia provides for reservation to the extent of 49% to the categories belonging to Scheduled Castes, Scheduled Tribes, Physically Handicapped and Backward Classes and he has submitted that this was not properly worked out in respect of 41 shops notified in Karimnagar Division. I have carefully considered this submission of the learned counsel. Clause 7 of G.O.Ms.No.53, dated 6-10-2003, provides for reservation at the following percentages: Scheduled Castes 15% Scheduled Tribes 6% Physically Handicapped 3% Backward Classes 25% Further, among each of these reserved categories, an extent of 30% for women is also provided. Sub-clause (3) of Clause 7 of the said G.O. envisages that the appointing authority shall maintain the percentage of reservation prescribed by the Government at Divisional/Circle level on overall basis of the strength of reservations provided treating the entire Revenue Division/Circle as a unit. In the counter affidavit filed by respondent No.2, it is inter alia stated that at present reservations in the Karimnagar Division are provided to the extent of 24.84 percent to the Scheduled Caste community which is in excess by 9.84% of the quota in respect of that category. It is further stated that in respect of the fair price shop, the same was earlier earmarked for Backward Classes category and that the same is being continued in the present notification as well. In my opinion, unless the petitioner is able to show that reservation in favour of Backward Classes candidates has already reached its maximum quota, no exception can be taken in continuing the existing fair price shop for the same reserved category i.e., Backward Classes, in the fresh notification issued by the respondents. As the petitioner failed to plead, much less, substantiate that allotment of the shop in question to Backward Classes community is in excess of the quota provided under G.O.Ms.No.53, no relief can be granted. Even though the petitioner was appointed as a temporary dealer, he does not have any legally enforceable right for her continuation. For the above mentioned reasons, I do not find any merit in this Writ Petition and the same is accordingly dismissed. As a sequel to disposal of the Writ Petition, the interim order is vacated. In view of dismissal of W.P.No.27551/2009, the respondents are directed to finalise the selection and issue appointment order to the person who is selected as the fair price shop dealer within a period of four weeks from the date of receipt of a copy of this order. W.P.No.9353/2010 is accordingly disposed of. As a sequel to disposal of W.P.No.9353/2010, WPMP No.27064/2010 is disposed of as infructuous. ________________________ Justice C.V.Nagarjuna Reddy Date : 23-11-2010 AM