G. C. BHARUKA, J. ( 1 ) THE petitioner herein is aggrieved by the order dated 18-11-1996 passed by the respondent-Commissioner and director of Food and Civil Supplies, Bangalore, as the Appellate authority under Clause 17 (1) of the Karnataka Essential commodities (Public Distribution System) Control Order, 1992 (hereinafter referred to as 'p. D. S. Control Order') whereunder she has directed the respondent-Deputy Commissioner to consider the rival claims of the petitioner and the fourth respondent seeking authorisation in terms of the P. D. S. Control order for running fair price depot. ( 2 ) IT appears that, in terms of the Control Order, applications were invited for grant of authorisation for running a fair price depot at Kemprayanahalli village. In pursuance thereof, the present petitioner and the fourth respondent had filed their applications. The respondent-Deputy Commissioner, after considering the eligibility of the said applicants, granted authorisation in favour of the petitioner. The said order was challenged by the 4th-respondent before the respondent- commissioner who has passed the impugned order directing reconsideration of the respective cases of the petitioner and the 4th respondent. ( 3 ) CLAUSE 6 of the P. D. S. Control Order sets out the rule of priority for grant of authorisation for wholesalers as well as the fair Price Depots. Sub-clause (1) (b) of the said clause which provides for a priority rule for grant of authorisation in respect of fair price depots was substituted by a notification dated 3rd december, 1994. The amended provisions reads as under :"6. Order of priority for grant of authorisation. (1) Subject to the provisions of Clause 5, the authorised authority shall follow the following order of priority for granting authorisation. (a) Authorised wholesale dealer : (i) Karnataka Food and Civil Supplies Corporation. (ii) Co-operative Societies registered under the karnataka Co-operative Societies Act which have been in existence for at least one year. (b) Fair Price Depots : (i) Co-operative Societies formed by the Scheduled caste and or in their absence persons belonging to the Scheduled Castes with a minimum qualification of a pass in VII standard to the extent of fifteen per cent of the total number of fair price depots in each District. (b) Fair Price Depots : (i) Co-operative Societies formed by the Scheduled caste and or in their absence persons belonging to the Scheduled Castes with a minimum qualification of a pass in VII standard to the extent of fifteen per cent of the total number of fair price depots in each District. (ii) Co-operative Societies formed by the Scheduled tribes and or in their absence persons belonging to Scheduled Tribes with a minimum qualification of a pass in VII standard in the extent of five per cent of the total number of fair price depot in each district. (iii) Ex-serviceman to the extent of five per cent provided that out of the total number of author- ise for fair price shops so far issued, after fulfilling the reservation for the Co-operative Societies run by Scheduled Castes and Scheduled tribes and Ex-serviceman, the priority of authorisation shall be in accordance with categories (iv) to (viii) : provided further if sufficient number of the co-operative Societies formed by the Scheduled castes/scheduled Tribes and or the persons belonging to Scheduled Castes and Scheduled tribes and Ex-serviceman for allotment of fair price depots are not available, then the societies formed by other persons belonging to other categories shall be considered. (iv) Consumer Co-operative Societies. (v) A society or Association registered under the karnataka Registration Act, 1960 (Karnataka act 17 of 1960 ). (vi) Physically handicapped persons, (vii) Unemployed Graduates, (viii) Other persons". ( 4 ) IN the present case, admittedly, neither the petitioner nor the 4th respondent belongs to Scheduled Caste. Further the petitioner has an educational qualification only up to 4th standard. So far as the 4th respondent is concerned, he claims to be an unemployed graduate. If that be the situation, then under item (vii) of the priority rule as quoted, the 4th respondent has to be given precedence over the petitioner. ( 5 ) EVEN otherwise keeping in view the law laid down by the Supreme Court in the case of Y. Srinivasa Rao v J. Veeraiah and others, the 4th respondent having better educational qualification has to be given preference over the petitioner in grant of authorisation for running a fair price depot. In paragraph-6 of the Judgment it has been held that : "the decision to prefer an uneducated person over an educated person amounts to allowing premium on ignorance, incompetence and consequently inefficiency. In paragraph-6 of the Judgment it has been held that : "the decision to prefer an uneducated person over an educated person amounts to allowing premium on ignorance, incompetence and consequently inefficiency. The only fault of the appellant is to have pursued his studies beyond 10th class of his school. If he had discontinued his career as a student even earlier, say after passing 7th or 8th class, he would have been running the shop today. This clearly amounts to gross arbitrariness and, therefore, illegal discrimination. Pursuing this line the State will have to be going in search of a more inefficient person and we do not know where this process would end. If we assume that since a better qualified person has got a better chance to succeed in life, an intelligent applicant who can run the shop efficiently should be rejected and a dim witted fellow should be selected. This is an absurd situation. ( 6 ) BUT, whether the 4th respondent is a graduate and that to ounemployed is a question of fact to be ascertained by the Deputy commissioner. If the Deputy Commissioner feels satisfied about the claim of the 4th respondent that he is an unemployed graduate, then the authorisation has to be granted only in his favour. ( 7 ) KEEPING in view the said aspects, in my opinion, the petitioner is not entitled to the relief as claimed by him. Writ petition is accordingly dismissed, but without costs. --- *** --- .