ORDER
K.L. Manjunath, J.
1. Petitioner is a resident of Thamrahalli, Periyapatna Taluk and he is a disabled person. According to him, he was under the impression that the Deputy Commissioner would notify to grant authorisation under the provisions of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (PDS) and he was intending to make an application for grant of authorisation. The Deputy Commissioner, Mysore has invited applications to grant authorisation to run a fair price depot at Honnenahalli Village as per Annexure-C, dated 13-8-2004. This notification is called in question by the petitioner contending that the Deputy Commissioner cannot reserve fair price shop of any village either in favour of the Scheduled Caste or Scheduled Tribe persons.
2. I have heard the Counsel for the petitioner and Government Pleader for the respondent.
3. According to the learned Government Pleader, the petition filed by the petitioner is not maintainable. It is also the case of the Government that proviso to Clause 6 of the PDS Control Order, envisages to reserve minimum 15% in favour of the persons belong to Scheduled Caste and 5% in favour of Scheduled Tribe by the Deputy Commissioner annually. Therefore, he contends that the Deputy Commissioner is right in reserving the fair price shop in question in favour Scheduled Caste person.
4. According to the petitioner, as per Clause 4 of the Karnataka Essential Commodities (Public Distribution System) Control Order, the Deputy Commissioner is required to call for an application and thereafter, the authorisation has to be granted strictly in terms of Clause 6 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. According to him, the Deputy Commissioner has no power to reserve any particular shop either in favour of persons belong to Scheduled Caste or Scheduled Tribe. But, he is only empowered to grant 15% authorisation in favour of Scheduled Caste or 5% annually in favour of Scheduled Tribe persons. According to him. while considering the applications, as per Clause 6(1)(b) of the PDS Control Order, preference shall be given to Karnataka Food and Civil Supplies Corporation, Consumer Co-operative Societies, Other Co-operative Societies; A Society or Association not being a Youth Glut or Youth Association registered under the Karnataka Societies Registration Act, 1960 and if there are no eligible applicants in the aforesaid category, preference shall be given to the persons belong to Scheduled Caste or Scheduled Tribe, Unemployed Graduates, Physically handicapped persons, Ex-servicemen and others. He further contends that if persons belong to these categories are not available, authorisation can be granted in favour of other persons. Therefore, he contends that the notification issued by the Deputy Commissioner, Mysore as per Annexure-C, dated 13-8-2004 is contrary to proviso 6(1)(b) of the PDS Control Order.
5. I have heard the Counsels for the petitioner and the respondent. I have carefully perused Clause 6(1)(b) of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, which reads hereunder:
6(1) (b) Fair Price Depots.-
(i) Karnataka Food and Civil Supplies Corporation;
(ii) Consumer Co-operative Societies;
(iii) Other Co-operative Societies;
(iv) A Society or Association, not being a Youth Club or Youth Association, registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960).
(v) If eligible applicants from the categories (i) to (iv) are not available to run the fair price shops, in a particular area, then the authorised authority may grant authorisation to open a fair price depot to individuals who are above eighteen years of age, and who have passed seventh standard, in the following order of priority, namely.-
(a) Persons belongs to Scheduled Castes;
(b) Persons belonging to Scheduled Tribes;
(c) Unemployed Graduates;
(d) Physically handicapped persons;
(e) Ex-servicemen;
(f) Others:
Provided that, out of the authorisation for fair price depot issued to individuals during the official year by an authorised authority, a minimum of fifteen per cent shall be reserved for persons belonging to Scheduled Castes and a minimum of five per cent for persons belonging to Scheduled Tribes.
If person belonging to these categories are not available then such authorisation may be issued to other persons.
6. After perusal of the above clause, this Court is of the opinion that if any shop is reserved either in favour of the Scheduled Caste or Scheduled Tribe, it would contravene the proviso of Clause 6(1)(b) of the PDS Control Order. As rightly pointed out by the learned Counsel for the petitioner, considering the applications received by the Deputy Commissioner, while granting authorisation 15% shall be issued in favour of the Scheduled Caste and 5% in favour of Scheduled Tribe annually. But, no particular shop of any village can be reserved either in favour of Scheduled Caste or Scheduled Tribe persons. In the circumstances, Annexure-C, dated 13-8-2004 issued by the Deputy Commissioner, Mysore is held to be contrary to Clause 6(1)(b) of the PDS Control Order.
7. In the result, the writ petition is allowed. Annexure-C, dated 13-8-2004 is quashed. It is open for the Deputy Commissioner to issue fresh notification to grant authorisation in accordance with law.