Chaniya Devi vs The State Of Bihar
2023 Latest Caselaw 683 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.19098 of 2019
     ======================================================

Chaniya Devi, aged about 31 years, female, W/o Ramchandra Singh, Resident of Village- Panchmahul, Panchayat- Aathan, P.S.- Adhaura, District- Kaimur.

... ... Petitioner/s Versus

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

2. The Collector-cum-Chairman District Level Selection Committee, Kaimur at Bhabhua.

3. The Collector-cum-District Magistrate, Kaimur at Bhabhua.

4. The Sub-Divisional Officer, Mohaniya, District- Kaimur.

5. Ayasha Begum, W/o Sahid Nawaz, Resident of Village- Tala, Panchayat-

Jamuninagar, P.S.- Aghura, District- Kaimur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv. For the State : Mr. Upendra Pratap Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 06-02-2023

Heard Mr. Dhananjaya Nath Tiwari, the

learned Advocate for the petitioner and Mr. Upendra

Pratap Singh, the learned counsel for the State.

Patna High Court CWJC No.19098 of 2019 dt.06-02-2023

2. The petitioner is a person hailing from B.C.

community from the same Panchayat where the P.D.S.

license was to be given. However, for the vacancy

meant for E.B.C. category, the private Respondent No. 5

has been selected even though she does not hail from

the same Panchayat.

3. Mr. Tiwari submits that according to Rule 8

of the Bihar Targeted Public Distribution System

(Control) Order, 2016, a person hailing from the same

Panchayat is to be given priority. He further submits

that in the present case, the advertisement itself

prescribed that in the event of no candidate turning-up

for the category of the vacancy, person of the other

category could be adjusted. Without resorting to this

mechanism as prescribed in the advertisement, a

candidate (Respondent No. 5) of E.B.C. category was

selected even though she hailed from a different

Panchayat.

4. Regard being had to the nature of Patna High Court CWJC No.19098 of 2019 dt.06-02-2023

controversy raised and in view of the notification dated

21.07.2022 issued by the Government in exercise of the

powers conferred under Sections 3 and 5 of the

Essential Commodities Act, 1955 read with Clause 36 of

the Bihar Targeted Public Distribution System (Control)

Order, 2016, we direct that in case the petitioner

approach the Divisional Commissioner with a suitable

representation/complaint within a period of 15 days, he

shall look into the matter and after giving hearing to all

the concerned parties, including the private Respondent

No. 5, shall pass a final order within a further period of

60 days, giving reasons in support of the decision taken

by him.

5. The order so passed by the Divisional

Commissioner shall be made available to the petitioner

as well as private Respondent No. 5 forthwith.

6. We have specifically asked for the private

Respondent No. 5 to be heard by the Divisional

Commissioner as the present order is being passed in Patna High Court CWJC No.19098 of 2019 dt.06-02-2023

her absence.

7. With the aforesaid observation/direction,

the writ petition stands disposed off.

(Ashutosh Kumar, J)

(Satyavrat Verma, J)

Praveen-II/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          07.02.2023
Transmission Date       N/A