Suman Kumari @ Suman Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6578 of 2021 ====================================================== Suman Kumari @ Suman Devi Wife of Sri Satyendra Kumar resident of village- Kauakhonch Under Panchayat Dahaur Ward no. 1, P.o.- Pahleja, P.s.- Dihri, District- Rohtash ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal secretary, Civil Supply and Consumer affairs, Bihar, Patna 2.

District Magistrate, Rohtash 3.

Sub Divisional Magistrate Dihri (Rohtash) under District Rohtash 4.

District Supply Officer Sasaram (Rohtash) District- Rohtash 5.

Block Supply Officer Dihri (Rural) under District- Rohtash 6.

Suman Kumari Wife of Anil Kumar resident of Shambhu Bigha, P.O.- Pahleja, P.S.- Dihri, District- Rohtash ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 28-01-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner is challenging selection of respondent No. 6 for grant of licence to run a fair price shop under Public Distribution System (Control) Order, 2016 on the ground that though the petitioner possessed more merit than respondent No.

Patna High Court CWJC No.6578 of 2021(2) dt.28-01-2022 2/2 6, the petitioner's merit has been downgraded by ignoring her educational qualification.

The petitioner has a remedy under the provisions of the said Control Order, 2016 by way of approaching the appropriate/ statutory authority against the said selection process.

This application, thus, stands disposed of with a liberty to the petitioner to seek her remedy under appropriate provisions of the Control Order, 2016 before the appropriate/ statutory authority. If any question of limitation arises, the petitioner shall be at liberty to seek condonation of delay on the ground, inter alia, that she was pursuing her remedy before this Court by filing the present writ application. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) Rajesh/- U