Patna High Court
Rina Kumari vs The State Of Bihar on 1 May, 2024
Bench: Chief Justice, Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11336 of 2023
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Rina Kumari wife of Dharmendra Kumar Residence of Village-Shekhpura
Chak, Karthan, P.S.- Karthan, District Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar Through secretary, Department of Food and Consumer
Protection Department, Government of Bihar, Patna,
2. The Special Secretary, Department of Food and Consumer Protection
Department, Government of Bihar, Patna.
3. The Officer on Special Duty,Department of Food and Consumer Protection
Department, Government of Bihar, Patna,.
4. The District Magistrate, Vaishali.
5. The Sub Divisional Officer, Vaishali.
6. The District Supply Officer, Vaishali.
7. The District Coo-operative Officer, Vaishali.
8. The District Transport Officer, Vaishali.
9. The District Panchayati Raj Officer, Vaishali.
10. The Block Supply Officer Lalganj, Vaishali.
11. The Executive Assistant, Lal ganj, Vaishali.
12. The District Selection Committee.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Singh, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
Mr. Amish Kumar AC to AG
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-05-2024
The petitioner is concerned with an advertisement
issued in the year 2018 for award of PDS dealership. The
petitioner's contention is that by Annexure-2 the roster points
were changed and in fact the dealership should have been
Patna High Court CWJC No.11336 of 2023 dt.01-05-2024
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allotted to Extremely Backward Class-Female and not the
Backward Class-Female.
2. Learned Government Advocate, however, submits
that Annexure-2 was never acted upon and the selection of the
year 2018 specifically indicated roster points, one of which was
Backward Class, Female. The said roster point determination
was also challenged in a writ petition in which it was approved
as per Annexure-A judgment produced in the counter affidavit.
2. Admittedly, the advertisement was of the year 2018.
Two dealerships were sought to be awarded one in the category
of Backward Class and the other in the category of Backward
Class-Female as per the determination of roster points. On the
advertisement, with the specific roster points being issued, the
Primary Agriculture Cooperative Societies having been
conferred some roster points, a challenge was raised on the the
determination of roster points in the advertisement, by writ a
petition numbered as CWJC No. 14135 of 2018. There was a
stay issued in the said writ petition which stalled the selection
process.
3. Eventually, Annexure-A judgment was passed on
20.05.2022
finding the determination of the roster points to be
perfectly proper. It was then that the advertisement was
Patna High Court CWJC No.11336 of 2023 dt.01-05-2024
proceeded with and the award was made of the dealerships
under the Public Distribution System.
4. Annexure-2 is a subsequent order of 25.02.2023.
Advertisement having been issued in the year 2018 and the
determination of roster points also found to be without any legal
flaw by a Division Bench of this court, we are of the opinion
that there is no way that Annexure-2 can be pressed into service
to change the roster points determined as early as in 2018.
5. Further, we also take note of the submission of
learned Government Advocate that the dealership has already
been awarded and the successful awarder has not been
impleaded in the writ petition.
6. We find absolutely no reason to entertain the present
appeal and it is accordingly, dismissed.
(K. Vinod Chandran, CJ)
(Harish Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.05.2024
Transmission Date NA
