Petitioner challenged non-selection as a Public Distribution System (PDS) dealer claiming arbitrariness. Court noted vacancy was for general category, while petitioner belonged to Scheduled Caste category. Selection of other candidate was held legal; writ dismissed.
Writ application dismissed as it has no merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8385 of 2009
====================================================== Fanindara Bhushan Chaudhary S/o Kamleshwari Chaudhary, resident of village- Dandari, P.O.- Dandari, Panchayat- Dandari, Block- Dandari, P.S. Balia, Sub-divison- Balia, District- Begusarai
.... .... Petitioner/s
Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna, Bihar
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Nakul Kr.Jamuar For the State : Mr. Sunil Kumar Mandal, SC 14 For the Respondent 6 : Mr Hare Krishna Prasad
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
10 24-06-2013
A big hue and cry has been raised by the petitioner due to his non- selection as a PDS dealer by the respondent district authorities of Begusarai. Selection of respondent no.6 was made, which is being assailed in the present writ application.
Contention of the counsel for the petitioner is that he has been applicant right from the year 2003 and waiting for consideration of his case. Selection came to be made in the year 2008 and that too for a candidate, who was not even an applicant.
The private respondent as well as the State have appeared and contested the stand of the petitioner. According to them, the selection is made in terms of the PDS Control Order
Patna High Court CWJC No.8385 of 2009 (10) dt.24-06-2013
2/2
2001 on the basis of requirement and recommendation. Since there is provision for reservation even in selection of PDS dealers and there was only one vacancy for general category candidate for the village of which petitioner was an applicant, petitioner was not appointed as he was a claimant under the scheduled caste category. As per the State, there are already two candidates belonging to scheduled caste, who are holding PDS dealership, in Dandari Panchayat. The vacancy was for general category. Petitioner could not be given opening in the said category.
Similar kind of stand has also been taken by the private respondent, who has also brought on record the decision of the district authorities with regard to such a selection, which is not limited to the case of the present petitioner alone but is a decision spread across the entire district.
Since there was no vacancy in the category for which the petitioner was an applicant and the single vacancy belonged to the general category, therefore, selection of respondent no.6 cannot be said to be illegal and non- consideration of the petitioner is also not arbitrary per se.
Writ has no merit. It is dismissed.
(Ajay Kumar Tripathi, J)
sk
2 issues framed by the court
Whether the dismissal of a PDS dealer application is arbitrary given the lack of vacancies in the applicant's category.
Whether the selection of a different candidate for a general category vacancy violates the petitioner's rights.
1 provisions across 1 enactments
Fanindara Bhushan Chaudhary
The State Of Bihar
Mira Kumari
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
