Patna High Court
Roushan Kumar Bhaskar vs The State Of Bihar on 7 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7211 of 2019
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Roushan Kumar Bhaskar S/o Sri Kanhaia Das @ Kanhaya Das Resident of
Village- Deohara, P.S.- Goh, District- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna
2. The Chief Secretary, Government of Bihar, Patna
3. The Principal Secretary, General Administration Department, Government
of Bihar, Patna
4. The Principal Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna
5. The District Officer-cum-Collector, District- Aurangabad
6. The Sub-Divisional Officer, Sub-Division, Daudnagar, District- Aurangabad
7. The District Supply Officer, District- Aurangabad
8. The Block Supply Officer, Block- Goh, District- Aurangabad
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, AAG 5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL JUDGMENT
Date : 07-01-2025
1. The petitioner has filed the Writ petition for
the following reliefs:-
"That this is an application
praying for issuance of writ/writs
certiorari or appropriate in nature for
directing and commanding to the
respondents for issuance of P.D.S.
License to the petitioner on the basis
senior most educational qualifications
Patna High Court CWJC No.7211 of 2019 dt.07-01-2025
and on the basis of native of concerned
Panchayat Deohara, Block- Goh, Sub-
Division, Daudnagar, District-
Aurangabad who has applied for
issuance of P.D.S. shop being schedule
cast Mahadalit but ignoring the
provision and guideline issued in
vacancy no. 1/17 from Collecoriat
Aurangabad the merit list has been
published and the name of the petitioner
is mentioned in serial no. 2 whenever in
Serial No. 1 the name of other person
namely Ghashyam Sharma has been
mentioned who is not native of the
concerned Panchyat Deohara but he is
native of village + Post- Manjhara,
Panchayat Verma Khurd and as per
statutory Rule -9 of Bihar targeted
Public Distribution System (Control)
Order, 2016 by amending in merit list his
placement at Serial 1 instead of Sl. 2 in
merit list of vacancy of P.D.S. shop
under Deohara in Panchyat in
compliance of said rule, Justice and law
as respondent authorities with adoption
of pick and choose system by flouting the
Patna High Court CWJC No.7211 of 2019 dt.07-01-2025
said Rule arbitrary, deliberately and
knowingly, tampered with seniority of
petitioner while petitioner was required
to be placed in on top of the merit list at
Sl. NO. 1 in the eyes of Rule as well
praying for prohibiting/ restraining/
staying issue of P.D.S. Licence to any
other candidate against said one
vacancy of P.D.S. shop till the disposal
of this writ application in this Hon'ble
Court.
2. At the very outset, Learned counsel for the
petitioner contended that since this matter is squarely
covered under the order dated 18.08.2023 passed in
CWJC No. 13258 of 2022 (Sushma Kumari Vs. The
State of Bihar & Ors.) by this Court, this writ petition
may also be disposed of on the same terms and
conditions.
3. Learned counsel for the respondents has
stated that as per the amendment to the Bihar Targeted
Public Distribution System (Control) Second
Amendment Order, 2022, any person has any
Patna High Court CWJC No.7211 of 2019 dt.07-01-2025
grievance with regard to the merit list published by the
District Supply Officer or the Sub-Divisional Officer,
the remedy is to approach the Divisional Commissioner
by way of complaint.
4. In view of the fact that this matter is
squarely covered by the aforesaid judgment, the
petitioner is directed to approach the Divisional
Commissioner within a period of four weeks from the
date of the receipt of the copy of this order for
ventilating his grievances along with the supporting
documents and on such complaint being received, the
Divisional Commissioner shall dispose of the complaint
filed as expeditiously as possible preferably within a
period of 30 days from the date of receipt of the said
complaint.
5. It is needless to say that before passing any
order, the party shall be put on notice and given an
opportunity of hearing.
6. With the aforesaid observations, this writ
petition stands disposed of in light of the order passed in
Patna High Court CWJC No.7211 of 2019 dt.07-01-2025
Sushma Kumari (supra).
7. Interlocutory Application(s), if any, shall stand
disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.01.2025
Transmission Date
