VIRENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner by way of this writ petition assails the order dtd. 12/4/2022 passed by the Secretary who has set aside the allotment of PDS shop to the petitioner and has held the Respondent No. 9 to be eligible for awarding of the license.

(2.) The petitioner has challenged the placement of the Respondent No. 9 in the provisional merit list at No. 1 and claims that he was entitled for being placed at No. 1 in the merit and was accordingly placed in the merit in the final order passed by the District Supply Officer vide his order dtd. 31/8/2020 and PDS shop was allotted to him. Learned counsel submits that the petitioner possesses better qualifications than the Respondent for the purpose of issuing of license in terms of the Bihar Targeted PDS (Control) Order 2016.

(3.) On the other hand, learned counsel appearing for the Respondent No. 9 submits that he had preferred a writ petition challenging the order of allotment of PDS shop to the petitioner and this Court vide its order dtd. 6/12/2021 directed the Secretary (Food) Government of Bihar to decide the issue. The Secretary has thereafter examined the respective qualifications of both the parties and has reached to the conclusion and held the Respondent No. 9 to be entitled for allotment of PDS. Learned counsel submits that the impugned order does not suffer from any perversity. He has taken this Court to the provisions of Rule 9 (v) proviso to submit that the Respondent No. 9 was possessing higher qualification of Post Graduation and was therefore entitled for the selection. He asserts that he was rightly placed at No. 1 in the provisional merit list and was therefore required to be allotted the said license. In view of order passed by the Commissioner, he has already been allotted the same and is now presently running it. Learned counsel appearing for the State adopts the submissions of the Counsel appearing for the Respondent No. 9.