Abhishek Kumar v. The State of Bihar
Case brief
What is this about?
Compassionate appointment PDS dealer Bihar; widow of deceased dealer; Control Order 2016 matriculation qualification bar; application predates amended qualification requirement; authorities cannot take advantage of own delay/lapses; duty to decide applications promptly and not sit over them; rejection based on latest amendment impermissible; order dated 31.05.2017 of District Selection Committee set aside; fresh consideration and appointment if otherwise eligible; eight-week compliance timeline; Siwan; Social Welfare Department (ICDS); State of Bihar respondents; writ petition allowed; single-judge bench Justice A. Abhishek Reddy; I.A. No. 01 of 2025 cause title and prayer amendment.
What did the court decide?
Writ petition allowed; order dated 31.05.2017 of the District Selection Committee set aside; authorities directed to consider petitioner no. 2's application afresh and appoint her as PDS dealer if otherwise eligible, without rejecting her for not being a matriculation pass; exercise to be completed preferably within eight weeks of receipt of a copy of the order, with any order passed communicated to the parties.