Incomplete applications for licenses can be validly rejected, and familial relationships under specific provisions do not disqualify candidates unless explicitly stated.

JUDGMENT :

G. ANUPAMA CHAKRAVARTHY, J.

1.The present writ petitioner has been filed for challenging the order dated 25.11.2019 passed by the Secretary, Food and Consumer Protection Department, Patna, whereby the order dated 29.06.2019 passed by the Commissioner, Purnea Division, Purnea was set aside, as the same was not found lawful. The petitioner further prays for a direction to the competent authority to grant license in favour of the petitioner for Latraha Panchayat, in accordance with the provisional merit list.

2. At the outset, it is imperative to take note of the relevant background facts and the litigation history between the parties that are germane to the present dispute.

3. The petitioner made an application, pursuant to Notice dated 19.05.2017 published in Daily Newspaper Dainik Jagran Hindi Edition in terms of Letter No. 1222 dated 8.3.2017 under the Bihar Targeted PDS Control Order 2016 for grant of PDS License in various Sub-divisions in the District of Purnea. The petitioner applied for grant of PDS License in Latraha Panchayat, Barhara Kothi Block, where there was vacancy of one seat, in the office of Sub-Divisional Officer, Dhamdaha, under General Category (Female).

4. Respondent No. 7 also filed her application form, for the for grant of PDS License for Latraha Panchayat, Barhara Kothi Block, in the General category in office of Sub-Divisional Officer, Dhamdaha, under General Category (Female).

5. The petitioner annexed a comparative chart, which has been prepared in the office of Sub-Divisional Officer, Dhamdaha (Annexure-3) showing the list of five applicants who applied for the PDS license, in question.

6. The petitioner filed an objection on 28.07.2018 before the District Magistrate, Purnea stating therein that the close relative of respondent No. 7 is already running a PDS shop in Ward No. 3, of Latraha Panchayat, Barhara Kothi Block, District Purnea. It is further submitted that another candidate Sudha Kumari is not having the certificate of computer knowledge, and another candidate, Pallavi Kumari whose father-in-law is the PACS President in Lataraha Panchayat and is also running a PDS shop and as such these applicants were not suitable candidates, for grant of PDS license and the petitioner is claiming herself to be a suitable candidate for the PDS license in question.

7. The Petitioner brought on record Annexure-5 which is the provisional merit list prepared on 29.09.2018 by the Committee for the PDS license in question.

8. From perusal of provisional merit list, it appears that the objection filed by the petitioner before the District Magistrate, Purnea was rejected without assigning any suitable reason and the candidature of candidate at Sl. No. 2, namely, Sudha Kumari and at Sl. No. 3 Pallavi Kumari were also rejected. It is claimed by the petitioner that on the same day i.e., 29.09.2018 a final merit list (Annexure-6) was prepared and the name of respondent No. 7 was shown as selected for grant of PDS License. Thereafter, the petitioner filed an objection before the District Magistrate, Purnea on 23.10.2018 and also before the Commissioner, Purnea Division, Purnea on 24.10.2018. It is further submitted that when the final list was published and the name of respondent No. 7 was selected for grant of PDS License in Latraha Panchayat then the petitioner moved to this Court by filing CWJC No. 22529 of 2018 which was disposed of o