Md. Aabul v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21 of 2019 ====================================================== Md. Aabul, son of Shekh Eis Mohammad Resident of Village- Narkatia, Gauripur, Murli Parsauni, P.S. Purushottampur, District West Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary Food and Civil Supplies, Government of Bihar, New Secretariat, Patna.

2. The District Magistrate, West Champaran, Bettiah.

3. The Sub Divisional Officer, Narkatiyaganj, West Champaran Bettiah. null null

4. The Sub Divisional Welfare Officer, Narkatiyaganj, West Champaran Bettiah.

5. The Block Supply Officer, Sikta Narkatiyaganj, West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Respondent/s :

Mr.S.Raza Ahmad -AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-01-2019 Let the defects be ignored.

Heard learned counsel for the petitioner and learned counsel representing the State.

This writ application has been preferred for issuance of a writ in the nature of certiorari to quash the advertisment dated 11.12.2017 published under the signature of respondent no.3 for selection of eligible candidates for PDS Shop in the district of West Champaran.

Learned counsel for the petitioner submits that the vacancies notified by the impugned advertisement do not provide for any vacancies for the differently abled persons and there are other illegalities in the matter of selection process initiated by the said advertisement.

Patna High Court CWJC No.21 of 2019(2) dt.04-01-2019 2/2 Learned counsel for the State submits that so far as the present writ application is concerned, by efflux of time, this writ application has become infructuous inasmuch as some of the candidates have already been selected for the Public Distribution Shops. It is, however, submitted that in case the petitioner has any grievance and wants to challenge the selection it may be done in a duly constituted proceeding in presence of all the parties who are likely to be affected by any order which may be passed in the writ application.

In the given facts and circumstances of the case, this Court is of the considered opinion that the writ application has become infructuous as some of the selections have already been made and PDS shops have been allotted to the candidates who were successful pursuant to the advertisement. The writ application is, thus, disposed off as having become infructuous, but with liberty to the petitioner that in case he being aggreived by the selection of any of the candidates ignoring his candidature, he will have an opportunity to file an appropriate proceeding in accordance with law.