Judgment:
The two petitioners herein have responded to the notification issued by the Revenue Divisional Officer, Karimnagar for appointing various dealers to the fair price shops in Karimnagar Revenue Division. 28 shops were thus notified. The 1st petitioner applied for the shop at Vadloor Village of Bejjanki Mandal in Karimnagar District, while the 2nd petitioner has applied for Chilapur Village, Bejjanki Mandal. The written test was conducted for 50 marks on 25.08.2011. Several candidates have taken the said exam on that day. The answer scripts were evaluated and such of those candidates who have secured 20+ marks are declared as qualified for the next stage of selection process, i.e. viva voce test for 50 marks. It is found that both the writ petitioners have qualified in the written test, by securing 20 or more number of marks out of 50. But, so far as the other candidates, who have applied for these very shops, are concerned, no other candidate has qualified by securing 20 or more number of marks. It has now turned out that for shop No. 408 at Chilapur, the 2nd petitioner herein is the only qualified candidate. For shop No. 414, Vadloor Village, the 1st petitioner is also the only candidate, who qualified in the written test. Similarly, Sri Maduri Chandra Mohan was the only candidate qualified for shop No. 617, Velichala Village. Ms. Gundla Ashwini was the only candidate, who qualified for shop No. 720 at Konerupalli Village. Sri Rachakonda Kishan is the only candidate, who qualified for shop No. 1025 at Kachapur. Sri Karre Venkata Narsaiah is the only candidate, who qualified for fair price shop No. 1315 at Mallareddipalli Village. Ms. Choppari Rama is the only candidate, who qualified for shop No. 1816, Ellabotharam Village. When the rest of the candidates, who qualified for the other shops were subjected to viva voce test on 23.12.2011, the Revenue Divisional Officer has entertained a doubt as to whether these seven candidates are required to be interviewed at all as they are the only qualified candidates and hence, by his communication, dated 20.12.2011 addressed to the District Collector, Karimnagar, he sought for clarification. The Collector, in turn, has taken up the issue with the Commissioner of Civil Supplies, through his communication No. 44/174/2011 on 03.01.2012, seeking a clarification as to whether the single candidate, who qualifies for a particular fair price shop in the written test, is required to be interviewed at all and whether he can straightaway be appointed or the selections will have to be conducted again. As no such clarifications have been provided by the Commissioner of Civil Supplies, the interviews for these seven qualified candidates have not been conducted on 23.12.2011. Hence, this Writ Petition is instituted seeking directions to conduct the interviews to the petitioners.
Pursuant to the policy guidelines framed by the State Government, through their G.O.Ms.No. 4, Consumer Affairs, Food and Civil Supplies (C.S.I) Department, dated 19.02.2011, the appointing authority is required to conduct a written test for 50 marks and thereafter, conduct an oral interview test for further 50 marks. It was also clarified that unless one secures 20 marks out of 50 in the written test, he cannot be declared as qualified candidate. It is significant to note that amongst the qualified candidates, the first five candidates in the descending order of merit only will be subjected to the oral interview test. Such a situation would arise where more number of candidates have qualified in the written test. If, for any reason, less than five candidates have qualified in the written test for a particular fair price shop, it goes without saying that all those candidates, who have qualified, are liable to be subjected to the viva voce test, so that, based upon their overall performance, the most suitable candidate can be selected.
However, in the instant case, the writ petitioners and five other candidates are the only candidates, who have been qualified for the respective shops for which they sought for appointment as dealers. No other candidate has been qualified. Consequently, the question of the requirement or the necessity to assess the relative merit, so that the best candidate can be chosen for appointment as a dealer, would not arise. For the viva voce test, though 50 marks were allocated, in equal proportion to the written test, the policy decision of the State Government did not set out any particular minimum marks required to be secured by the candidate in the viva voce test component. In other words, no minimum marks are required to be secured by the candidates in the viva voce test. The policy-maker was conscious that a minimum qualifying mark is required to be prescribed and accordingly, 20 out of 50 marks i.e. 40% in the written test was prescribed as the qualifying mark. The policy-maker has consciously avoided prescribing any corresponding minimum percentage of marks to be secured in the aggregate or in particular in the viva voce test. It therefore, follows that if a candidate has secured 20 marks in a written test and even if he were to be allocated ‘0’ marks in the viva voce test, he still becomes liable to be treated as qualified for selection as a dealer, if there is no other better candidate than him. The same will hold good where a single candidate has qualified in the written test. In such cases, no interview test itself is needed to be conducted and straightaway, such candidate deserves to be appointed as a fair price shop dealer, as nothing more is needed to be done to make an assessment of the relative merit. For the necessity to make an assessment of relative merit, there should be more than one candidate in the field. Where there is only one single candidate, no comparison can be drawn.
Hence, this Writ Petition is allowed. Both the petitioners herein for Vadloor and Chilapur Villages and the following five candidates:
| Name | shop No. | village |
| Sri Maduri Chandra Mohan | 617 | Velichala |
| Ms. Gundla Ashwini | 720 | Konerupalli |
| Sri Rachakonda Kishan | 1025 | Kachapur |
| Sri Karre Venkat Narsaiah | 1315 | Mallareddipalli |
| Ms. Choppari Rama | 1816 | Ellabotharam |
Consequently, the miscellaneous petitions, if any shall stand disposed of.
The learned Government Pleader has produced for my perusal the entire record.