IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3969 of 2010 1. Jagnnath Ram S/O Late Parmeshwar Ram R/O Vill.- Koba Mahmadpur, P.S. Lalganj, Distt.- Vaishali At Hajipur Versus 1. The State Of Bihar Through Its Chief Secretary Govt. Of Bihar, Old Secretariat, Patna-1 2. That Chairman, District Level Selection (P.D.S.) Committee-Cum- District Magistrate Vaishali At Hajipur 3. The Secretary, District Level Selection (P.D.S.) Committee-Cum-District Supply Officer Vaishali At Hajipur 4. The Sub Divisional Officer Hajipur 5. The Block Supply Officer Lalganj, Distt.- Vaishali ----------- 5 06.09.2011 Heard Mr. Aditya Narayan, learned counsel for the petitioner and Mr. Piyush Lal, learned counsel for the State. The petitioner has questioned his non-selection as a Fair Price Dealer under the Public Distribution System (Control) Order, 2001 (hereinafter referred to as the “Order”), as contained in Memo No.1 Mukhiya dated 18.07.2009 (Annexure-6) whereby despite the name of the petitioner appearing on the panel of eligible candidates, he has not been offered Dealership inter alia on grounds that there were no vacancies in the Scheduled Caste Quota Category against which he has filed his application. Learned counsel with reference to the stipulations made in the Order as contained in the Notification dated 20.2.2007 placed at Annexure- 2 of the writ petition submits, that the quota has been fixed only under the said Notification and all vacancies existing on the date of the notification has to be distributed in terms of the quota as provided under Clause 2.1 of the Order. He submits that the respondent authorities could not have included even those posts which had already been filled up by the candidates belonging to the Scheduled Caste Category, for calculating the quota of the 2 vacancies existing on the date of the Notification i.e. 20.2.2007. A counter affidavit has been filed on behalf of the respondent- State and it is stated that as against a total quota of 99 dealerships in the Scheduled Caste Category, the total number of Dealers belonging to the Scheduled Caste Category already is 121 and which is 22 more than the allotted quota. In view of the aforesaid submission the contention of the petitioner that the determination and allocation of quota as envisaged under the Order should have taken effect prospectively w.e.f. the date of notification i.e. 20.02.2007 and should not have taken into consideration the vacancies filled up prior to the said date, is totally misconceived. The writ petition is dismissed. Bibhash (Jyoti Saran, J.)