Suresh Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5676 of 2019 ====================================================== Suresh Kumar Gupta, S/o Hira Sah, Resident of Village-Dharmagat Parasi, P.s.-Karakat, Distt.-Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Bihar, Patna 2.

The Secretary Food and Consumer Protection Department, Bihar, Patna 3.

The District Magistrate-cum-Chairman District Level Selection Committee, Rohtas 4.

The Sub-Divisional Officer Bikramganj, Rohtas 5.

The Block Supply Officer Karakat, Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr.Adv.

Mr.Dhananjaya Nath Tiwari, Adv.

Ms. Preety Kunwar, Adv.

For the Respondent/s :

Mr.U.P. Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-11-2019 In the nature of the reliefs prayed in this writ application, this Court thinks it just and proper to direct the District Magistrate-cum-Chairman, District Level Selection Committee, Rohtas (respondent no.3) to take a view of the matter on the submission of the petitioner that petitioner is a handicapped and 3% reservation is provided for physically handicapped persons in terms of Clause 6(iii) of the Bihar Targeted PDS (Control) Order, 2016 (hereinafter referred to as the 'Control Order, 2016').

It is the case of the petitioner that in terms of the aforesaid provision, the policy of the General Administration

Patna High Court CWJC No.5676 of 2019(2) dt.22-11-2019 2/2 Department to provide reservation of the handicapped is required to be followed, but while issuing advertisement for grant of licence under the Control Order, 2016 the direction of the General Administration Department has not been followed and no reservation has been provided for the handicapped persons.

Petitioner is granted liberty to file an appropriate application/representation before the respondent no.3 within a period of four weeks from today and upon receipt of the said application the respondent no.3 shall examine the same and in case it is found that there is an instruction of the General Administration Department for providing reservation to the handicapped persons under Clause 6(iii) of the Control Order, 2016, he will take appropriate steps to implement the same in the matter of grant of licence under the Control Order, 2016. Such exercise shall be completed within a period of three months from the date of receipt of the application/representation of the petitioner.

This writ application stands disposed off accordingly. arvind/- (Rajeev Ranjan Prasad, J) U