Prem Kumar And Ors vs State Of Bihar And Ors

The petitioners were selected for being granted licence. However, several complaints were received before various authorities regarding the

selection process not being carried out in accordance with the scheme envisaged under the Bihar Targeted Public Distribution System (Control)

Order, 2016 (in short the Order of 2016).

Several writ petitions also were filed before this Court challenging the final list which was prepared for the grant of licence to the applicants. The

matter was referred to the Divisional Commissioner, Magadh Range for looking into the irregularities when a Committee was constituted and the

Committee, on perusal of the entire materials on record, found that the process was not transparent and the selection process suffered from several

vices of non-implementation of the policy under the Order of 2016.

For the aforesaid reason, by order dated 28.08.2019, the entire selection list was cancelled.

Learned counsel for the petitioner has submitted that with the cancellation of the merit-list/final list in which the names of the petitioners also were

included, instead of preparing another merit-list, the whole process has been torpedoesd and a fresh advertisement has been issued for selection of

licensees under the Public Distribution System.

Md. Rashid Alam, learned counsel for the petitioner has submitted that the import of several orders of this Court is only to look into the

irregularities, if at all it was committed in preparation of the final merit-list. There was no direction for starting the process afresh by floating

advertisement and seeking applications from desirous candidates for being granted licence.

This argument lacks substance in as much as the only sequel to cancellation of the merit-list is to make efforts for filling up the position which has

remained vacant under the Order of 2016. The issuance of advertisement seeking application from desirous persons is only a step towards filling up

the positions and granting of licence to eligible persons. The entire purpose is to make food grains and other essential items available to the targeted

population.

No fault could be found with the initiation of the proceeding for grant of licence afresh.

The writ petition lacks merits and is, therefore, dismissed.