IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17013 of 2008 NIRANJAN SHARMA SON OF LATE RAMPRASAD SHAMA RESIDENT OF VILLAGE Kalikapur, P.O. JAGDISHPUR, P.S. BARARI IN THE DISTRICT OF KATIHAR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COMMISSIONER, KATIHAR 3. THE DISTRICT MAGISTRATE, KATIHAR. 4. BLOCK DEVELOPMENT OFFICER, KATIHAR, DISTRICT KATIHAR 5. S.D. O. KATIHAR ----------- 3 18/01/2010 The petitioner is claiming that he is entitled for issuance of public distribution system license on the basis of the parameters laid down under the Public Distribution System (Control) Order, 2001. He submits that he falls in the category of most backward class as he is a carpenter and for the most backward class 18% reservation has been granted in terms of clause 2.1(iv). Since no decision has been taken in his favour the petitioner has approached this Court for a direction upon the respondents. The stand of the State is that there is no wrong doing in the matter of implementation and providing reservation while issuing public distribution system license in the said area falling within the district of - 2 - Katihar. Their stand is that based on the guidelines which is the population of the Panchayat, number of shops which was required to be set up and the allocation of shops where vacancies exist have been worked out by the district authorities and reflection of the same is there as Annexure-A to the counter affidavit. In the case of the present petitioner the vacancy in question falls for the general category and if that be so, as per roster, the petitioner cannot be awarded a license for running a public distribution system shop under the most backward category. It is also evident from perusal of the chart that the roster has been prepared based on the current vacancies and not the total public distribution system license which is required to be granted or have been granted in the past. As per roster and reservation, if the public distribution system license is to fall in the quota of general category then the petitioner has not made out a right in his favour. Therefore, no direction can be issued but as and when vacancies arise and the roster clearance falling within the category as claimed by the petitioner arises, there could be occasion for consideration which is lacking - 3 - as of now. There is no merit in this writ application. It is dismissed. AMIN (Ajay Kumar Tripathi, J.)