Citation : 2025 Latest Caselaw 2512 Patna
Judgement Date : 18 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17380 of 2017
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Anoj Kumar Yadav, Son of late Darogi Yadav, Resident of Village-Maraiya,
P.S. Laxmipur, District-Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Food and Consumer Protection Department, Bihar,
Patna.
3. The District Magistrate, Jamui.
4. The District Supply Officer, Jamui.
5. The Sub-Divisional Officer, Jamui.
6. The Block Supply Officer, Laxmipur, District Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Sinha
For the Respondent/s : Mr.S.Raza Ahmad -Aag5
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 18-08-2025
1. The writ petition is filed for the
following reliefs:
" I. For quashing the impugned
order as contained in Memo No. 679 dated
28-10-17
issued by the District Magistrate, Jamui, so far as the proposal No. 4, petitioner is concerned whereby and whereunder case of petitioner for selection of P.D.S. dealer on compassionate ground has been rejected on the ground of (i) on submission of unemployment certificate of his mother and non-degree holder of Matriculation, which are contrary to the Patna High Court CWJC No.17380 of 2017 dt.18-08-2025
fact is well as on law which is not sustainable in the eye of law and fit to be quashed.
II. For a direction to consider the case of the petitioner for grating P.D.S. License as a fresh on compassionate ground as father of the petitioner was died within aged of 58 years.
III. To grant any other relief to the petitioner which the petitioner may be found entitled to get in the eye of law."
2. At this juncture, the Learned counsel for
the petitioner brought to the notice of this Court
that in the case of Rajnish Paswan Vs. State of
Bihar passed in CWJC No. 747 of 2018, the
authorities considered a compassionate
appointment even though the applicant did not
possess a matriculation certificate at the time of
making his representation. It is submitted that the
same principle may be applied in the petitioner's
case.
3. In light of the above, the petitioner is
granted liberty to approach the District Magistrate,
Jamui, by submitting an appropriate application Patna High Court CWJC No.17380 of 2017 dt.18-08-2025
drawing attention to the case of Rajnish Paswan
Vs. State of Bihar passed in CWjC No. 747 of
2018 along with all relevant documents, including
educational qualification certificates. In turn, the
District Magistrate, Jamui, shall consider the
petitioner's representation on merits and shall pass
an appropriate order within a period of three
months from the date of receipt of this order.
4. With the aforesaid observations, the writ
petition stands disposed of.
5. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J) Spd/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 18.08.2025 Transmission Date
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