IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4933 of 2018 ======================================================

Tarranum Khatoon, Wife of Late Shaukat Ali, resident of Village- Chak Abdullah, Police Station- Sakara, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State Of Bihar trough the Secretary, Department of Food & Consumer Protection, Government of Bihar, Patna.

2. The Under Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3. The Chairman, District Level Selection Committee, Muzaffarpur.

4. The Collector-cum- Chairman, District Level Selection Committee, Muzaffarpur.

5. The Sub Divisional Officer (West), Muzaffarpur.

6. The Block Supply Officer, Kanti, Muzaffarpur.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar, Advocate.

Mr. Pranav Ranjan, Advocate.

For the Respondent/s : Mr. Arvind Ujjwal, SC 4.

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

14 02-02-2026 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:-

“That the present writ application is being filed on behalf of the petitioner for quashing of the District Level Selection Committee Proceeding dated 22.11.2017 so far as the petitioner is concerned by which the application of petitioner for grant of appointment of PDS Dealer on compassionate ground has been rejected on the ground that the petitioner is not Matriculate.”

3. It is the case of the petitioner that the husband of the petitioner died on 29.05.2015 and the petitioner has filed an application seeking compassionate appointment on 03.02.2016. Learned counsel submits that the authority has rejected the application made by the petitioner solely on the ground that the petitioner is not a matriculate pass as per the Bihar Targeted Public Distribution System (Control) Order, 2016 (hereinafter referred to as the ‘Control’ order) which came into effect from March, 2016. Learned counsel submits that the impugned order dated 22.11.2017 passed by the authority is contrary to the Judgment of this Hon’ble High Court passed in LPA No. 299 of 2020 dated 15.03.2024 and also the law laid down by the Hon’ble Supreme Court. Learned counsel submits that the provisions of the law as it stood on the date of the death of the incumbent and the date of application should be taken into consideration while dealing with the said application made for compassionate appointment and not the provisions of the Control order, 2016. Learned counsel submits that there is no requirement that an applicant to PDS dealer should be a matriculate pass prior to the coming into force of the Control order, 2016. Learned counsel, therefore, prays this Hon’ble Court to allow the present writ petition setting aside the impugned order dated 22.11.2017 and direct the respondent- authorities to consider the case of the petitioner afresh duly taking into consideration the law laid down by this Hon’ble Court as well the Hon’ble Supreme Court.

4. Per contra, the learned counsel appearing on behalf of the Respondent-State has vehemently opposed the very maintainability of the present writ petition. Learned counsel has stated that the application of the petitioner was considered strictly in accordance with the provisions of the Control order, 2016 which mandates that the applicant to the PDS shops should be a matriculate pass besides other criteria. Learned counsel submits that the law which is prevalent as on the date of considering the application will be taken into consideration and not the date of death of the PDS dealer. Learned counsel has also submitted that the State of Bihar has issued certain instructions vide Memo No. 4842 dated 25.09.2017 (Annexure P/2) wherein it has been clearly mandated that any application made after coming into force of the Control order, 2016 shall be dealt with in accordanc