Patna High Court
Mukul Kumar Singh vs The State Of Bihar And Ors on 12 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14022 of 2017
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Mukul Kumar Singh Son of Late Shyam Narayan Singh, Resident of Village-
Khajpura, P.S.- Hawai Adda, District- Patna Bihar.
... ... Petitioner/s
Versus
1. The State Of Bihar a through Principal Secretary, Department of Food and
Consumer Protection, Government of Bihar, Patna.
2. The Principal Secretary, Department of Food and Consumer Protection,
Government of Bihar, Patna.
3. The District Level Selection Committee through the District Magistrate,
Patna.
4. The District Magistrate, Patna.
5. The Sub- Divisional Officer, Patna Sadar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Sr. Advocate
For the Respondent/s : Mr. Arvind Ujwal, SC 4
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 12-05-2025
1. The petitioner has filed the Writ
application for the following reliefs:
"That in the present Writ Application
the Petitioner prays for a direction to
the Respondents to grant PDS
License to the Petitioner on the
ground of compassion in view of
death of his father Late Shyam
Narayan Singh and issuance of
declaration that the grounds taken
for rejecting the application for PDS
License on compassionate ground by
Patna High Court CWJC No.14022 of 2017 dt.12-05-2025
the District Level Committee in its
meeting dated 26.08.2017 are
illegal, without Jurisdiction and
contrary to the Bihar targeted Public
Distribution System (Control) Order,
2016 (in short the Control Order,
2016)."
2. The brief facts culled out of petition
are that the petitioner seeks the grant of a Public
Distribution Shop (PDS) license on compassionate
grounds following the death of his father Late
Shyam Narayan Singh on 1.10.2016. The said
deceased held a PDS license, which was renewed
till 05.09.2021. It is submitted that within two
years from the death, of his father, the petitioner
being the only son, submitted his application for
grant of PDS License on compassionate ground.
3. It is submitted by the Learned Senior
Counsel for the petitioner that it is not in dispute
that the father of the petitioner was a PDS dealer
and died on 01.10.2016 and the application of the
petitioner dated 10.03.2017 was submitted along
with all the required documents. However, due to
Patna High Court CWJC No.14022 of 2017 dt.12-05-2025
personal reasons, the petitioner could not
complete his matriculation. The District Level
Selection Committee applied the requirement of
Clause 9(v) of the PDS Control Order, 2016 and
rejected the application on the ground that the
petitioners is non matriculate.
4. It is contended by the Learned
Senior counsel for the petitioner that the reference
in Clause 10 stating that the License granted on
compassionate ground would be an independent
and new license is stating the obvious. Since a PDS
License is neither in heritable nor transferable the
license subsists during the life time of the licensee
or until the Order of cancellation, as the case may
be.
5. It is further contended that even a
license issued on compassionate ground binds the
licensee to the terms of the license. Even in such
cases a new license is issued and the licensee
must comply all the statutory requirements. There
is no exemption from compliance with the terms of
the licence merely because it is issued on
Patna High Court CWJC No.14022 of 2017 dt.12-05-2025
compassionate ground.
6. It is further submitted that the
reference to such license only to bind the licensee
with all the obligations. It is meant to clarify that
no special benefits or exemptions are extended to
a compassionate license holder and licensees.
7. It is further contended by the
Learned Senior counsel for the petitioner that
application of Rules and Regulations of normal
applicant in the matter of selection of candidate for
license of compassion would defeat the very object
and purpose of granting a license on
compassionate ground.
8. Lastly, the Learned Senior counsel
for the petitioner submitted that in the facts and
circumstance of the rejection of Petitioner's
application on the ground for non fulfillment of
requirements of Clause 9 (v) of the Control Order
2016 is wholly illegal and arbitraryh and, therefore,
the same is liable to be quashed and the Petitioner
is entitled for the license on compassionate
ground.
Patna High Court CWJC No.14022 of 2017 dt.12-05-2025
9. The Learned counsel for the State
has drawn the attention of this Court to Clause
9(v) of the PDS Control Order, 2016, which reads
as under:
"9(v) The applicant of a
fair price shop's license must be
matric pass and an adult;
Provided that the applicant
having computer knowledge shall be
given priority. In case of equality in
computer knowledge, the applicant
having highest qualification and in
case of equality in highest
qualification also the applicant of
older age shall be given priority. "
Upon perusal of Clause 9(v) of the PDS
Control Order, 2016, it is evident that the
applicant of a fair price shop's license must be a
matriculate. In the present case, it is not in dispute
that the petitioner, at the time of submitting the
application for allotment of a Fair Price Shop on
compassionate ground, had only studied only up
to Class IX and did not possess the requisite
matriculation qualification.
Patna High Court CWJC No.14022 of 2017 dt.12-05-2025
10. A plain reading of the impugned
order (Annexure-5) reveals that the petitioner's
application was rejected on the ground of not
fulfilling the prescribed educational qualification. It
further appears evident that several other
applications were similarly rejected on the same
ground, indicating a uniform application of the
eligibility criteria.
11. It also appears from the records
that the petitioner has not preferred any appeal
against the impugned order (Annexure-5).
12. At this juncture, the Learned counsel
for the respondents contended that Section 32(iii)
of the Bihar Targeted Public Distribution System
(Control) Order, 2016 provides for a provision of
statutory appeal.
13. Heard the Learned Senior counsel
for the petitioner, Mr. Anand Kumar Ojha, and the
Learned counsel for the respondents.
14. Admittedly, the petitioner has an
alternative statutory remedy of filing an appeal
under Section 32(iii) of the PDC Control Order,
Patna High Court CWJC No.14022 of 2017 dt.12-05-2025
2016, before the appropriate authority.
15. Accordingly, the writ petition is
disposed of with a direction to the petitioner to
avail of the alternative remedy by filing an appeal
before the competent authority. The appeal shall
be preferred within a period of four weeks from the
date of receipt of a copy of this order and the
delay in filing the appeal shall be condoned by the
concerned authority. The said authority shall,
thereafter, dispose of the appeal on merits, in
accordance with law, within a period of two
months from the date of filing of the appeal.
16. With the aforesaid observations
and directions, the writ petition stands disposed of.
17. Interlocutory Application(s), if any,
shall stand disposed of
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.05.2025
Transmission Date
