IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C.NO. No.5640 of 2010 Jagdish Paswan S/O Late Kishun Paswan R/O Vill.Milki Tola, P.S. Bahera, Distt.- Darbhanga Versus 1. The State Of Bihar, through the Chief Secretary, Govt. Of Bihar, Patna 2. The Principal Secretary, Department Of Food and Civil Supplies, Govt. Of Bihar, Patna 3. The Collector-Cum-Chairman Of District Level Fair Price Shop, Selection Committee, Darbhanga 4. The District Supply Officer, Darbhanga 5. The Sub-Divisional Officer Benipur, Darbhanga 6. Ashok Ram S/O Upendra Ram R/O Vill.- Chak Manaur Milki, P.S. Bahera, Distt.- Darbhanga ---------------- For the petitioner : Mr. Rana Bikram Singh, Advocate For the State : Mr. Shailendra Kumar Jha AC to SC-14 ------- 2. 04.8.2011. Heard learned counsel appearing on behalf of the parties. The petitioner is aggrieved by the appointment of the respondent no.6 as a dealer under the Public Distribution System Control Order, 2001 in the reserved category. Learned counsel for the petitioner submits that whereas in the selection process the name of the petitioner was found to be more appropriate for being appointed under the reserved category and his name was sponsored by the Sub Divisional Officer, Benipur, Darbhanga respondent no.5 for appointment under the reserved category by letter dated 23.7.2005 as 2 placed at Annexure-3 of the writ petition and was placed before the District Level Selection Committee constituted for approval of the selection under the Public Distribution System Control Order, 2001 but the Selection Committee, differing from the recommendation of the respondent no.5 the Licensing Authority, had preferred the respondent no.6 Ashok Ram for appointment as a dealer under the reserved category of Scheduled Caste. The petitioner, being aggrieved by this action of the Committee, had preferred representation before the Divisional Commissioner. The petitioner also raised the issue before the Collector, Darbhanga respondent no.3 giving rise to Case No.28 of 2009-10 who vide his order passed on 19.9.2009, directed the petitioner to raise his grievance by filing a representation before the District Level Selection Committee through proper channel. Pursuant to the said order of the Collector, the petitioner had filed a detailed representation before the respondent no.3 the Collector cum Chairman, District Level Selection Committee, Darbhanga on 16.10.2009 as placed at Annexure-6 to the writ petition. In spite of the fact that 3 the Collector, Darbhanga also happens to be the Chairman of the Selection Committee and the petitioner had filed his representation pursuant to his direction on 16.10.2009, the matter has remained pending before the Committee since last two years giving rise to the present writ petition. Having heard learned counsel for the parties, the writ petition is disposed of with direction to the District Level Selection Committed, Darbhanga, through its Chairman, the respondent no.3 to dispose of the representation filed by the petitioner on 16.10.2009 as placed at Annexure-6 of the writ petition by a speaking order, within a period of three months from the date of receipt/production of a copy of this order, after giving opportunity of hearing to the petitioner as well as the respondent no.6, Ashok Ram. ahk (Jyoti Saran, J.)