Nasir Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1336 of 2021 ====================================================== Nasir Ahmad Son of Mokhtar Ahmad. Resident of Village- Sadouva, P.S.- Sidhwaliya, District- Gopalganj, Bihar.

... ... Petitioner/s

Versus

1.

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

The Commissioner, Saran Commissionary at Chapra. 3.

The District Magistrate, Gopalganj.

4.

The Sub Divisional Magistrate-cum-the Licensing Officer, Gopalganj. 5.

The District Supply Officer, Gopalganj.

6.

The Supply Inspector Block, Barauli, District- Gopalganj. 7.

The Circle Officer, Block- Barauli, District- Gopalganj. 8.

Krishna Kumar Prasad Son of Hulas Mahto Recommended Candidate, resident of Village- Saraiya Pahar, P.S.- Sidhwalia, P.S.- Gopalganj, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Prasad, Adv.

For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-11-2021 The present writ petition has been filed seeking the following reliefs- "(i) This writ application is being filed for quashing of the letter Memo No. 677/Aa. Dated 31.08.2020 issued by the District Magistrate, Gopalganj hereunder the petitioner has not been selected for the Public Distribution System shop in the District Level Selection Committee under the District Magistrate, Gopalganj though the petitioner was having the DCA Certificate of Computer Course and his name stood on top

Patna High Court CWJC No.1336 of 2021(2) dt.03-11-2021 2/3 in the provisional merit list on EBC reservation and Blockwise roster category. The respondent no. 8 has been selected though he has no computer knowledge with any certificate, vide Annexure-2 to this writ application.

(ii) The respondent authorities further be directed to consider the claim of this writ petitioner for the PDS shop in the Barauli Block in Gopalganj because the advertisement itself stands the computer knowing candidate will preferred, vide Annexure-1 to this writ application."

At the outset, the Ld. Counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate appeal/ revision before the learned Divisional Commissioner, Saran at Chapra.

The Ld. Counsel for the Respondent State, Shri Upendra Pratap Singh, AC to SC-4, has got no objection.

Accordingly, the present writ petition stands disposed of as not pressed, however, with liberty to the petitioner to file appropriate appeal/ revision petition before the learned Divisional Commissioner, Saran at Chapra and in case such an appeal/ revision petition is filed within a period of four weeks from today, the

Patna High Court CWJC No.1336 of 2021(2) dt.03-11-2021 3/3 same shall be decided on merits and disposed of by a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) Tiwary/- U