Smt. Monu @ Mohini vs State Of U.P. & 3 Others
2015 Latest Caselaw 184 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 32
 

 
Case :- WRIT - C No. - 4016 of 2015
 

 
Petitioner :- Smt. Monu @ Mohini
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- S.K. Mishra
 
Counsel for Respondent :- C.S.C.,Arun Kumar
 

 
Hon'ble Tarun Agarwala,J.

Hon'ble Amar Singh Chauhan,J.

The petitioner, being aggrieved by the order of the Sub-Divisional Magistrate dated 8th January, 2014 allotting the fair price shop to respondent no.4 has filed the present writ petition.

By the impugned order, respondent no.4 being a scheduled caste male candidate was allotted the fair price shop.

The contention of the petitioner is that the Pradhan of the village is a female belonging to scheduled caste and that as per clause 4(2) of the Government Order dated 17th August, 2002 the fair price shop is required to be allotted to a female candidate belonging to scheduled caste category.

The contention of the petitioner in the first flush appears to be attractive but upon a perusal of clause 4(2) of the Government Order dated 17th August, 2002, such contention cannot be accepted. Clause 4(2) of the said government order indicates that the procedure employed for identifying reservation for the post of Pradhan under the U.P. Panchayat Raj Act is to be applied while identifying the shop towards reservation in fair price shop. The

provision does not indicate that a shop in the village would be given to the same category as that belonging to the Pradhan.

Consequently, the contention of the petitioner cannot be accepted. The writ petition fails and is dismissed.

Order Date :- 28.4.2015

Bhaskar

(Amar Singh Chauhan, J.)           (Tarun Agarwala, J.)