THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.351 OF 2011
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. D.V. Shrikanth, learned counsel appears on behalf of
Mr.D.L. Pandu, learned counsel for the appellant.
2. This intra court appeal is filed against the order dated
08.04.2011 passed by the learned Single Judge by which Writ
Petition No.22010 of 2010 preferred by respondent No.4 has been
disposed of.
3. Respondent No.4 had filed a writ petition seeking a direction to respondent Nos.1 to 3 to fill up the dealership vacancy of newly created fair price shop by selecting a person from BC (Woman) community.
4. In view of the stand taken by the Revenue Divisional Officer in the counter affidavit, the learned Single Judge has found that the apprehension of the writ petitioner that the vacancy is sought to be filled up by appointing a person belonging to the scheduled caste category is misconceived. It has further been held ::2::
that the BC candidate has already been selected and therefore an order of appointment has been directed to be issued in favour of the selected candidate.
5. We have heard learned counsel for the appellant.
6. We therefore find any ground to interfere with the order passed by the learned Single Judge. The order does not suffer from any infirmity in the exercise of intra court appeal. The vacancy was not reserved for scheduled caste category and therefore the same has rightly been filled up with BC (Woman) candidate.
7. In the result, the appeal fails and is dismissed. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J Date:19.10.2023 Lrkm