Panchratni Devi vs State Of Bihar

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

“1 That the present writ application is being filed for challenging the part of the decision taken by the District Selection Committee in its meeting

dated 13.07.2018 whereby and whereunder the application filed by the petitioner for Compassionate appointment under the provision of clause 10 of

the PDS Control Order 2016 and favouably recommended by the Licensing Authority vide its Letter No. 209 dated 1.8.2017 was cancelled on the

ground as per rule 9 of Bihar Targeted PDS Control order 2016 the petitioner was not Matric pass hence his application was rejected.â€​

After the matter was heard for some time, learned counsel appearing on behalf of the petitioner, under instructions, states that petitioner may be

permitted to prefer an appeal against the impugned order before the Appellate Authority (Divisional Commissioner).

Permission granted.

Learned counsel for the respondents states that if such an appeal is preferred within a period of four weeks from today, the issue of limitation, if any,

shall neither be raised nor allowed to come in the way of adjudication of the appeal on merits.

Statement accepted and taken on record.

As such, petition stands disposed of in the following mutually agreeable terms:-

(a) Petitioner is permitted to prefer an appeal within a period of four weeks from today;

(b) In the event of appeal being preferred within a period of four weeks from today, the issue of limitation shall not come in the way of adjudication of

the appeal on merits;

(c) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired;

(d) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment;

(e) The Appellate Authority (Divisional Commissioner) shall decide the appeal on merits, in compliance of the principles of natural justice;

(f) The Appellate Authority shall pass a reasoned and speaking order, within a period of eight weeks from the date of filing of the appeal;

(g) Copy of the reasoned and speaking order passed by the Appellate Authority shall be supplied to the parties;

(h) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;

(i) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the

same shall be dealt with, in accordance with law and with reasonable dispatch;

(j) We have not expressed any opinion on merits and all issues are left open;

(k) Liberty reserved to the petitioner to challenge the order, before the appropriate forum, if required and desired.

The instant petition sands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.