Anjuman Aara @ Anjum Aara vs The State Of Bihar
2022 Latest Caselaw 1280 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.21014 of 2021
     ======================================================

Anjuman Aara @ Anjum Aara Wife of Md. Shahjahan, Resident of Village - Titawari, P.S.- Barari, District - Katihar.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Food and Consumer Protections Department, Bihar, Patna.

2. The Commissioner, Purnea Division, Purnea.

3. The Collector-cum-District Magistrate-cum-Chairman of District Selection Committee, Katihar.

4. The District Supply Officer, Katihar.

5. The Sub-Divisional Officer, Katihar.

6. The Block Supply Officer, Barari, District - Katihar.

7. Asma Khatoon, Wife of Javed Akhtar, Resident of Village and P.O.-

Jagdishpur, P.S. Barari, District - Katihar.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad For the Respondent/s : Mr. Upendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 21-02-2022 Heard Mr. Shivendra Prasad, learned Advocate

for the petitioner and Mr. Upendra Pratap Singh for the

State.

The petitioner seeks quashing of the resolution

dated 10.07.2020 of the District Selection Committee of

PDS Dealers, whereby respondent no.7 has been Patna High Court CWJC No.21014 of 2021 dt.21-02-2022

recommended for being granted licence as she has better

academic qualification than the petitioner.

It is the contention of the petitioner that

respondent no.7 belongs to the backward class but she has

been recommended under the unreserved category of

women.

The respondent no.7 appears to have stolen

march over the petitioner on the ground of her having

higher qualification of Maulvi (Intermediate), whereas the

petitioner has only Faukaniya, which is equivalent to

matriculation.

Incidentally the petitioner as well as respondent

no.7, both, have working knowledge in computer.

However, in accordance with the Rules, preference had

been given to respondent no.7 because of her higher

qualification of Intermediate.

The recommendation is not on the basis of any

reservation and there is no rationale for non-suiting the

respondent no.7 only because she happens to be a woman Patna High Court CWJC No.21014 of 2021 dt.21-02-2022

from the backward category. Her candidature has been

considered not in any reserved category but on the ground

of her qualification being superior to the petitioner.

There is no merit in this writ petition and is,

accordingly, dismissed but without costs.

(Ashutosh Kumar, J.)

(Anjani Kumar Sharan, J.)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.02.2022
Transmission Date