Sunita Kumari @ Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9687 of 2021 ====================================================== Sunita Kumari @ Sunita Devi Wife of Ajit Kumar Resident of ward no. 11, Village- Kokani, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, General Administration Department, Government of Bihar, Patna 3.

The Divisional Commissioner, Darbhanga 4.

The District Magistrate, Samastipur 5.

The District Supply Officer, Samastipur 6.

The Sub Divisional Officer cum Licensing Authority, Rosera, DistrictSamastipur 7.

Rani Kumari Wife of Raj Narayan Prasad resident of village- Kokani, Police Station- Hasanpur, District- Samastipur 8.

The Registrar, Thiruvalluvar University, Serkkadu Vellore, Tamilnadu ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Respondent/s :

Mr. Manish Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed seeking the following reliefs:-

Patna High Court CWJC No.9687 of 2021(2) dt.04-09-2021 2/3 "i. For issuance of direction to the respondent authorities more particularly the District Magistrate, Samstipur, to take final decision on the application dated 05.12.2020 filed by the petitioner and cancel the PDS license no. 06/2019 which has been issued in favour of respondent no. 7 namely Rani Kumari who got selected on the basis of forge marks sheet of M.A. As a matter of fact the University from which the respondent no. 7 obtained marks sheet of M.A. in Psychology subject but the subject is not mentioned in the courses (subject) list of the said University. ii. The petitioner further prays for a direction to the respondent to issue PDS license in her favour at the place of respondent no.

7 namely Rani Kumari aged about 32 years Gender Female, wife of Raj Narayan Prasad, Resident of village-Kokani, Police StationHasanpur, District-Samastipur as petitioner is eligible and possesses more marks than the respondent no. 7. At the outset, the learned counsel for the respondentState Shri Manoj Kumar, AC to GP-4 submits that there is a provision of appeal under the Bihar Targeted P.D.S. (Control) Order, 2016.

In such view of the matter, the learned counsel for the petitioner seeks liberty to file appropriate appeal/ representation before the competent authority. Liberty so sought is granted. In case, appropriate appeal/representation is filed by the petitioner

Patna High Court CWJC No.9687 of 2021(2) dt.04-09-2021 3/3 with regard to her aforesaid grievances within a period of four weeks from today, the competent authority shall consider the same in accordance with law and pass a reasoned and a speaking order within a period of eight weeks, thereafter. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U