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Judgment
Mohan Shantanagoudar, J.—Learned Government Advocate is directed to take notice for respondents. Heard. An authorisation was issued in favour of the petitioner''s husband under the provisions of the K.E.C. (PDS) Control Order, 1992. During the subsistence of the license, petitioner''s husband died. Hence, on compassionate grounds, the petitioner made an application for grant of authorization. It appears a communication has been issued by the State indicating that the grant or transfer of license or authorization on compassionate grounds cannot be done without prior approval of the Government. The notification issued by the State would indicate that the Educational Qualification of the applicant should be SSLC. The petitioner''s husband died on 30.9.2012.
The said notification fell for consideration before this Court in W.P. No. 8586/2006 disposed of on 21st November 2008. This Court was of the view that the conditions imposed therein have no bearing on the claim of the petitioner for fresh authorization on compassionate grounds in terms of the Circular dated 21.07.1995. There is no reason for me to take a different view than the one taken by this Court earlier. In fact in identical matters, I have also taken the same view. Consequently, following order is passed:-
Impugned endorsement at Annexure-D, dated 12.12.2012 is quashed. It is declared that the Notification dated 12.08.2003 is not applicable to the case of the petitioner. Respondents are directed to consider the application of the petitioner afresh and to pass orders in accordance with law, as expeditiously as possible, but not later than the outer limit of three months from the date of receipt of this order.
Writ petition is disposed of accordingly.