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Judgment
Clause B of the Policy for opening of Fair Price Shops under Targeted Public Distribution (Control) Order, 2015 provides inter alia that the
salesman for running a fair price shop should have the minimum qualification as matriculation and not more than 10+2. However, the qualification
may be relaxed by the competent authority, in case of deserving category/candidates. The Government order No. 147-FSC&CA of 2016 dated
26.09.2016 provides that power of such relaxation shall rest with the Government.
Grievance of the petitioner, precisely, is that the respondent No. 4 does not possess the minimum qualification of matriculation. It is, however,
not stated that qualification of respondent No. 4 has not been relaxed. On the other hand, counsel appearing on behalf of respondent No. 4, Mr.
Mudasir Bin Hassain, who is on caveat, states that qualification in case of respondent No. 4 has been duly relaxed. His statement is taken on
record. Notice.
Mr. Mudasir Bin Hassan, Adv. waives notice on behalf of respondent No. 4, who is on caveat. Caveat shall stand discharged. Notice to other
respondents. Steps within one week. List in 1st week of March, 2017.
Meanwhile, as interim and subject to objections, approval and the order dated 06.11.2017, whereby license has been issued in favour of
respondent No. 4, shall operate only, in case the qualification of respondent No. 4 has been duly relaxed in terms of above mentioned guidelines
and the Government order (supra).