The authority concerned must determine value of Provisional Merit List of Schedule Caste Category if no vacancy for reservation for handicapped: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.117321 Satyendra Kumar Ram Son of Late Shyamdhari Ram Resident of Village SondiharaPolice Station Bhabua District Kaimurby which under his chairmanship proceeding held on 19.03.2021 of District Level Selection Committee for grant of P.D.S. License under the provision of Bihar Targeted P.D.S.Order 2016 whereby and whereunder the merit of the Petitioner being 1st position in the Provisional Merit List of Schedule Caste Category was ignored and in complete violation of the Provision of Rule 6of Bihar Targeted P.D.S. Order 2016 the Selection of Respondent No.9 was done who was at Sl. No. 9 in the Provisional Merit List by giving Reservation on the ground of being handicapped for which the Respondents have neither created any vacancy nor mentioned the same in the advertisement Notice published vide Annexure 2 and arbitrarily ignored the merit of the Petitioner reason best known to them II. For a direction upon the Respondent to cancel the selection of Respondent No. 9 which was done in complete violation of Rules of Roster and Reservation Policy under the Provision of Bihar Targeted P.D.S.Order 2016 III. For a direction upon the Respondents to allow and issue P.D.S. Fair Price Shop License in favour of the petitioner for the Gram Panchayat Dihara Block Sub Division Bhabua District Kaimur IV. Any other relief reliefs as this petitioner may found entitled by this Hon’ble Court be granted under the facts and circumstances of this case.” Patna High Court CWJC No.117321 dt.10 01 2022 3. After the matter was heard for some time learned counsel for the petitioner under instructions states that petitioner shall be content if a direction is issued to the authority concerned i.e. to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s 4. Learned counsel for the respondents states that if such a representation is filed by the petitioner the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order 5. Statement accepted and taken on record 6. As such petition stands disposed of in the following terms: a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s) b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months Patna High Court CWJC No.117321 dt.10 01 2022 from the date of its filing along with a copy of this order c) Needless to add while considering such representation principles of natural justice shall be followed and due opportunity of hearing afforded d) Also opportunity to place on record all relevant materials documents shall be granted to the to the parties e) Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law f) We are hopeful that as and when petitioner takes recourse to such remedies as are otherwise available in law before the appropriate forum the same shall be dealt with in accordance with law and with reasonable dispatch Liberty reserved to the petitioner to approach the appropriate forum if the need so arises subsequently on the same and subsequent cause of action h) We have not expressed any opinion on merits. All Patna High Court CWJC No.117321 dt.10 01 2022 issues are left open i) The proceedings during the time of current Pandemic Covid 19 shall be conducted through digital mode unless the parties otherwise mutually agree to meet in person i.e. physical mode 7. The petition stands disposed of in the aforesaid 8. Interlocutory Application(s) if any stands Sanjay Karol CJ) ( S. Kumar J

Summary: The value of Provisional Merit List of Schedule Caste Category if vacancy for reservation on the basis of being handicapped not created nor mentioned the same in the advertisement must be looked by concerned authority dispose of it promptly is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Satyendra Kumar Ram Vs. The State of Bihar (Civil Writ Jurisdiction Case No.11735 of 2021) Brief facts of the case are that the merit of Petitioner, who was first in the Provisional Merit List of Schedule Caste Category, was ignored, and in complete violation of Rule 6 (Reservation) of the Bihar Targeted P.D.S. (Control) Order, 2016, the Respondent, who was at Sl. No. 9 in the Provisional Merit List, was selected by giving Reservation on the basis of being handicapped, for which the Respondents had neither created any vacancy nor mentioned the same in the advertisement. Petitioner has asked for the quashing of the Memo dated 26.03.2021, signed by District Magistrate-cum-Chairman, District Selection Committee, Kaimur (Bhabua), by which, under his chairmanship, a District Level Selection Committee proceeding was held on 19.03.2021 for the grant of a P.D.S. License, pursuant to the Bihar Targeted P.D.S. (Control) Order, 2016. The merit of Petitioner, who was first in the Provisional Merit List of Schedule Caste Category, was ignored, and in complete violation of Rule 6 (Reservation) of the Bihar Targeted P.D.S. (Control) Order, 2016, the Respondent, who was at Sl. No. 9 in the Provisional Merit List, was selected by giving Reservation on the basis of being handicapped, for which the Respondents had neither created any vacancy nor mentioned the same in the advertisement. The Petitioner has requested that the Respondent to cancel Respondent Sl. No. 9 in the Provisional Merit List’s selection, which was made in complete contravention of the Rules of Roster and Reservation Policy set forth in the Bihar Targeted P.D.S. (control) Order, 2016 and has requested the Participants to authorise and issue a P.D.S./ Fair Price Shop License in his favour for the Gram Panchayat of Dihara, Block/Sub Division of Bhabua, and District of Kaimur (Bhabua). Learned counsel for the petitioner states that the petitioner will be satisfied if a direction is issued to the authority concerned, namely the District Magistrate-cumChairman, District Selection Committee, Kaimur (Bhabua), to consider and decide the representation that the petitioner will be filing within four weeks for redress of the grievance and according to learned counsel for the respondents, if the petitioner files such a representation, the authority concerned must consider and dispose of it promptly, ideally within four months of its filing, along with a copy of this order.  The petition and Interlocutory Application, if any, has been dismissed. Within four weeks of today, the petitioner shall approach the authority concerned must file a representation for redress of the grievance with the relevant authority. The petition has been dismissed off and when the petitioner seeks such remedies as are otherwise available in law before the appropriate forum, the matter will be handled in accordance with the law and with reasonable dispatch. The authority concerned shall consider and dispose of it promptly by a reasoned and spoken order, preferably within four months of its filing, together with a copy of this order and opportunity to place on record all relevant materials/documents shall be granted to the parties. The court has not expressed any opinion on the merits and all concerns are left unresolved, and the petitioner has the option of mentioning the petition for priority listing. Click here to read the judgment