Case Note & Summary
The petitioner, Bhimrao Eknath Borkar, was allotted a fair price shop under the Scheduled Caste category as per Clause 3A(1)(B) of the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975, by the Additional Collector, Gondia, on 25.10.1999. The respondent No.1, Jitendra Bhojraj Lilhare, challenged this allotment before the Commissioner (Supply), Nagpur, in Revision under Clause 24 of the said Order. The Deputy Commissioner (Supply), by order dated 24.05.2000, set aside the Additional Collector's order and directed that respondent No.1, belonging to the 'Educated Unemployed' category, had priority over the 'Scheduled Caste' category based on the priority list in the Government Resolution dated 20.03.1999. Consequently, the Sub Divisional Officer passed an order on 03.06.2000 in favour of respondent No.1. The petitioner filed a writ petition challenging the orders dated 24.05.2000 and 03.06.2000, as well as the Government Resolution dated 20.03.1999. The petitioner argued that the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975, does not provide any priority to 'Educated Unemployed' persons and that the Government Resolution cannot override the statutory Order. The court considered the submissions and held that the Government Resolution dated 20.03.1999, being an executive instruction, cannot override the statutory provisions of the Order of 1975. The Deputy Commissioner erred in relying on the Government Resolution to give priority to the 'Educated Unemployed' category over the 'Scheduled Caste' category. Accordingly, the court allowed the writ petition, quashed the impugned orders, and restored the allotment in favour of the petitioner.
Headnote
A) Administrative Law - Government Resolution vs. Statutory Order - Priority List - The Government Resolution dated 20.03.1999 cannot override the priority list prescribed under Clause 3A(1)(B) of the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975, as the Order is a statutory instrument and the Resolution is merely an executive instruction. Held that the Deputy Commissioner erred in relying on the Government Resolution to give priority to 'Educated Unemployed' over 'Scheduled Caste' (Paras 1-4).
Issue of Consideration
Whether the Government Resolution dated 20.03.1999, which gives priority to 'Educated Unemployed' category over 'Scheduled Caste' category, can override the priority list prescribed under the Maharashtra Scheduled Commodities (Regulation of Distribution) Order, 1975.
Final Decision
The writ petition is allowed. The impugned orders dated 24.05.2000 passed by the Deputy Commissioner (Supply) and dated 03.06.2000 passed by the Sub Divisional Officer, Gondia, are quashed and set aside. The allotment of fair price shop in favour of the petitioner is restored.
Law Points
- Statutory order prevails over government resolution
- priority list under statutory order cannot be altered by executive instructions
- interpretation of Clause 3A(1)(B) of Maharashtra Scheduled Commodities (Regulation of Distribution) Order
- 1975
