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2018 Supreme(Pat) 881
IN THE HIGH COURT OF JUDICATURE AT PATNA
Nilu Agrawal, J.
SHYAMDEO SHARMA - Appellant
Vs.
STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES - Respondent
Civil Writ Jurisdiction Case No. 10188 of 2016
Decided On : 27-08-2018
Pramod Kumar, Nawal Kishore Singh, Shailendra Kumar Singh, Sushmita Mishra, Advs.
Preference for PDS dealer selection is based on educational qualification, and serious criminal charges can impact the selection process.
Headnote:
Preference - PDS Dealer Selection - The court held that preference for PDS dealer selection was based on educational qualification, and the selected candidate was more qualified than the petitioner. The court also considered the criminal charges against the petitioner and found no adverse findings against the selected candidate.
Fact of the Case:
The petitioner sought quashing of the selection list for PDS shop allotment, claiming preference based on being a Chairman of PACS. The petitioner challenged non-selection based on educational qualification and the filing of an FIR against them.
Finding of the Court:
The court found that the selected candidate was more qualified than the petitioner and that the allegations in the FIR against the petitioner were serious. The court also noted no adverse findings against the selected candidate.
Issues: Preference for PDS dealer selection, educational qualification, and criminal charges against the petitioner.
Ratio Decidendi: Preference for PDS dealer selection was based on educational qualification, and the court considered the seriousness of the allegations in the FIR against the petitioner.
Final Decision: The writ application was dismissed as it was devoid of merit.
Nilu Agrawal, J.
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of private respondent no. 6.
2. Petitioner in the present writ application seeks quashing of the part of the selection list issued by Memo No. 126 dated 25.02.2016 as contained in Annexure-5 by which the respondent no. 2 i.e. the District Magistrate-cum-Chairman, Selection Committee, Sheikhpura without giving preference to the petitioner being a Chairman of PACS of Awgil Chande selected private-respondent no. 6 for allotment of licence in relation to PDS shop under gram Panchayat Raj Purena Block in the District-Sheikhpura.
3. Learned counsel for the petitioner challenges his non-selection as a PDS dealer by the respondent no. 2 on the ground that as per the advertisement for selection of PDS dealers vide Memo No. 79 dated 20.04.2015 as contained in Annexure-1, the preference had to be given to certain categories which included preference to the PACS as per clause 2 of the advertisement. He also contends that the select list has been prepared taking into account only higher educational qualification.
4. After the counter affidavit was filed showing the reason for cancellation of his candidature by the Selection Committee under the Chairmanship of respondent no. 2 dated 04.02.2016 the only ground being that an F.I.R. has been lodged against the petitioner, hence his candidature has been rejected, the petitioner also submits that merely filing of an F.I.R. would not disentitle the petitioner for selection as a PDS dealer as postulate at clause 3 (M+) of the advertisement is if a person has been convicted by a court of competent jurisdiction disentitles a person for PDS dealership.
5. Learned counsel for the State has filed a counter affidavit stating therein that applications were called for a single allotment of PDS dealer under the Gram Panchayat Raj Purena Block in the District of Sheikhpura for an unreserved category of candidate. The respondent no. 6 was selected and was placed at serial no. 1 of the provisional select list who had filed an application before the District Magistrate, Sheikhpura stating therein that the petitioner is a criminal minded person against whom Korma P.S. Case No. 80 of 2014 has been lodged under Sections 147, 148, 149, 341, 323, 324, 325, 307, 427 and 504 of the Indian Penal Code and on 16.12.2015 the Judicial Magistrate, First Class, Sheikhpura has taken cognizance against the petitioner. Hence, a PDS dealer who should be a person of good character as a PDS shop caters to persons below poverty line and who are given food-grains and K.Oil on subsidized rates. He submits that from the allegations made in the F.I.R. being Korma P.S. Case No. 80 of 2014, it is evident that the petitioner along with other persons have created obstacles abused and assaulted the local villagers who had taken out procession during idol immersion.
6. Learned counsel for the private respondent no. 6 contends that the clauses of advertisement has to be read harmoniously. Clause 1 of the advertisement specifies educational qualification and preference has to be given for higher qualified candidate. Thereafter at clause 2 specific classes, groups and cooperative societies are given preference. She further urges that the petitioner is only a matriculate whereas the respondent no. 6 is a graduate, post graduate and a computer literate hence, the selection of the respondent no. 6 was made as a PDS dealer. She further submits that grant of licence under the Bihar PDS (Control) Order, 2007 is not confined to certain societies or association of persons as giving priority or preference to PACS or association of persons or certain groups or classes would amount to 100% reservation as held in the case of Fair Price Dealers Association Vs. The State of Bihar & Anr. since, (2015) 2 PLJR 865 and in the case of Bihar Pradesh Jan Bitran Pranali Dukandar Sangh Vs. The State of Bihar passed in C.W.J.C. No. 1515
