Kiran Kumari @ Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16820 of 2021 ====================================================== Kiran Kumari @ Kiran Devi W/o Dhanji Choudhary, Resident of VillageDayal Bigha, P.S.-Sasaram (M), District-Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Sasaram, Rohtas.

3.

The District Supply Officer, Sasaram, Rohtas. 4.

The Sub-Divisional Officer, Sasaram, Rohtas.

5.

The Block Supply Officer, Sasaram, Rohtas.

6.

The Commissioner, Patna Division, Patna.

7.

The Additional Collector, Rohtas at Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta, Adv.

For the Respondent/s :

Mr. Alok Ranjan, AC to AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 30-06-2022 Heard Mr. Dhaneshwar Prasad Gupta, learned advocate for the petitioner and Mr. Alok Ranjan for the State. The petitioner was aggrieved with the merit list which had been taken out after consideration of the candidature of the candidates who had applied against the vacancy of 576 PDS dealers.

Taking into account the aforesaid objection, a fresh merit list appears to have been published in which the petitioner

Patna High Court CWJC No.16820 of 2021 dt.30-06-2022 2/3 has been placed at the top with highest marks amongst the candidates. However, in the application filed by the petitioner, she had disclosed that she does not have computer knowledge. However, later on, a certificate of computer knowledge was found to be attached with the application. Taking this to be an instance of manipulation of records, the District Level Selection Committee set forth to consider whether it would be appropriate to grant license to the petitioner in view of her having made attempts at improving her candidature by attaching the certificate of computer knowledge even though she had, in the first instance, clearly stated that she does not have working computer knowledge. However, from the counter affidavit, we find that even the person next in rank in the merit also does not have computer literacy.

In any view of the matter, the District Level Selection Committee is to take a call and a final decision is to be taken. The Committee cannot sit over the vacant positions and must come out with a list of successful persons, who would be granted license for running the PDS shops. If for any reason, it is found that the petitioner has tried to manipulate the records, it would be the decision of the District Welfare Selection Committee whether or not to consider the candidature of the petitioner.

Patna High Court CWJC No.16820 of 2021 dt.30-06-2022 3/3 But this Court directs that a decision must be taken without any delay, preferably within a period of ninety days from the date of receipt/production of a copy of this order so that all the vacant positions are filled up.

With the aforesaid observation and direction, the writ petition stands disposed of.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.07.2022 Transmission Date