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

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.

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Judgement reviewed by – Pooja Lakshmi

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