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K. VINOD CHANDRAN, PARTHA SARTHY
Munna Kumar Ram, Son of Sri Nemi Ram – Appellant
Versus
State of Bihar, through the Principal Secretary, Food and Consumer Protection Department – Respondent
JUDGMENT :
(K. Vinod Chandran, CJ.)
The appellant is aggrieved with the judgment of the learned Single Judge which allowed the writ petition and directed the PDS dealership to be granted to the writ petitioner herein.
2. The learned counsel for the appellant submits that the appellant had a Post Graduate qualification and in that circumstance, under Rule 9(v) of the proviso to the Bihar Targeted PDS (Control) Order, 2016, the appellant is to be appointed to the post. It is also submitted that the writ petitioner had applied under the EBC category and the allotment was of an unreserved category dealership. There is a further dispute raised as to the Graduation in I.T. obtained by the writ petitioner by way of Distance Education.
3. The learned counsel for the respondents however asserted his higher qualification in Computer as per Annexure-A series, a Bachelor of Science Graduation in Information Technology.
4. We first extract Rule 9(v) of the Bihar Targeted PDS (Control) Order, 2016:
Provided that the applicant having computer knowledge shall be given priority. In case of equality in computer knowledge
The court emphasized that qualifications in computer knowledge are paramount for PDS dealership appointments, prioritizing relevant degrees over unrelated higher education.
Eligibility is affirmed if qualifications are acquired before the cut-off date, irrespective of proof submission timing; proof is secondary to qualification possession.
Higher computer degrees like B.Tech (ECE) held equivalent and superior to required one-year basic computer diploma; such qualifications cannot disqualify candidature for public employment.
Post of Assistant Manager and Assistant Accountant - Power of Judicial Review on issue of equivalence of Degree - Court directs Managing Director, Bihar State Food and Civil Supplies Corporation Limi....
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