Anoj Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17380 of 2017 ====================================================== Anoj Kumar Yadav, Son of late Darogi Yadav, Resident of Village-Maraiya, P.S. Laxmipur, District-Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

3.

The District Magistrate, Jamui.

4.

The District Supply Officer, Jamui.

5.

The Sub-Divisional Officer, Jamui.

6.

The Block Supply Officer, Laxmipur, District Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Respondent/s :

Mr.S.Raza Ahmad -Aag5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 18-08-2025

1. The writ petition is filed for the following reliefs:

" I. For quashing the impugned order as contained in Memo No. 679 dated 28-10-17 issued by the District Magistrate, Jamui, so far as the proposal No. 4, petitioner is concerned whereby and whereunder case of petitioner for selection of P.D.S. dealer on compassionate ground has been rejected on the ground of (i) on submission of unemployment certificate of his mother and non-degree holder of Matriculation, which are contrary to the

Patna High Court CWJC No.17380 of 2017 dt.18-08-2025 2/3 fact is well as on law which is not sustainable in the eye of law and fit to be quashed.

II. For a direction to consider the case of the petitioner for grating P.D.S. License as a fresh on compassionate ground as father of the petitioner was died within aged of 58 years.

III. To grant any other relief to the petitioner which the petitioner may be found entitled to get in the eye of law."

2. At this juncture, the Learned counsel for the petitioner brought to the notice of this Court that in the case of Rajnish Paswan Vs. State of Bihar passed in CWJC No. 747 of 2018, the authorities considered a compassionate appointment even though the applicant did not possess a matriculation certificate at the time of making his representation. It is submitted that the same principle may be applied in the petitioner's case.

3. In light of the above, the petitioner is granted liberty to approach the District Magistrate, Jamui, by submitting an appropriate application

Patna High Court CWJC No.17380 of 2017 dt.18-08-2025 3/3 drawing attention to the case of Rajnish Paswan Vs. State of Bihar passed in CWjC No. 747 of 2018 along with all relevant documents, including educational qualification certificates. In turn, the District Magistrate, Jamui, shall consider the petitioner's representation on merits and shall pass an appropriate order within a period of three months from the date of receipt of this order.

4. With the aforesaid observations, the writ petition stands disposed of.

5. Interlocutory Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.08.2025 Transmission Date