PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 11:
1. The Writ petition is filed for the following reliefs:
"(I) for issuance of a Writ in the nature of mandamus directing and commanding the respondents to issue new license fair price shop under public Distribution system on the Vacant Seat of Barhail Panchayat under Akbarpur Block of the district Nawada for which the petitioner has applied in pursuance of advertisement No. 01/2017 issued by the Sub-Divisional Office, Rajauli, Nawada and also appeared in counseling, the petitioner has fulfilled all the criteria laid down under "Bihar Targated Public Distribution System (control) order 2016 but the respondents has adopted pick and choose policy on irrelevant ground against the provision contained in Bihar Targated Public Distribution (Control) Order 2016 and selected B.C. category applicant, namely, Ramashish Kumar (Respondent No.6), who also applied on the basis of saying as obtained high marks in computer eligibility test, further qualifications other four applicants are graduate pass out of 13 applicant and of District level selection approval committee decision has been taken for selection of issue new license on general category seat. Where as in 14 applicant nine are graduate passed out of which the petitioner is sole applicant who is graduate in computer (B.C.A.) and belongs from general category.
(ii) Further for issuance of writ in the nature of certiorari quashing the selection of Ramashish Kumar (respondent No.6), who has been selected for issue new license of fair price shop under public Distribution system on the Vacant seat of Barhail Panchayat in pursuance of advertisement No. 01/2017 on irrelevant ground and contained in against the provision of Bihar Targeted public distribution (Control) Order 2016 on the basis of saying as obtained high marks in computer eligibility test, further qualifications other four applicant are graduate pass out of 13 applicant and approval of selection District level committee decision has been taken for selection of issue new license on general category seat. Where as 14 applicant nine are out graduate passed of which the petitioner is sole applicant who is graduate in computer (B.C.A.) and belongs from general category and higher in age group as well as ignoring Self Help Group for which special provision and priority shall be given vide letter No. 2928 dated 20-6-18 issued by Food and Consumer Protection Department Government of Bihar, Patna (which order is under challenge in this writ application as contained in Annexure-4 to this writ application).
(iii) For issuance of any other writ/ writ /relief (s) for which the petitioner found entitled in the fact and circumstances of this case."
2. At this juncture, the Learned counsel for the respondents contended that Section 32(iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of appeal and Section 32(vi) of the Bihar Targeted Public Distribution System (Control) Order, 2016 provides for the provision of revision. Section 32(iii) 32(v) and 32(vi) read as follows:
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