High Court Patna High Court - Orders

Md.Parwez Quaiser @ Parwez Qua vs The State Of Bihar & Ors on 17 October, 2011

Patna High Court – Orders
Md.Parwez Quaiser @ Parwez Qua vs The State Of Bihar & Ors on 17 October, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CWJC No.1539 of 2009
Md.Parwez Quaiser @ Parwez Quaiser, Son of Saheeb Ahmad, Resident of Village Millat Nagar,
PS Araria, District Araria. ----- Petitioner.
                                               Versus
   1. The State of Bihar.
   2. The Collector, Araria.
   3. The S.D.O., Araria. ----- Respondents.
                                              -----------

3 17.10.2011 Heard learned counsel for the petitioner and the counsel

appearing on behalf of the State.

The petitioner’s P.D.S. licence has been cancelled on the

ground that the petitioner was not selected by the District Selection

Committee as required under the Public District System (Control)

Order, 2001. This order came into effect on 20.2.2007 and as such,

the observation of the S.D.O. and the Collector of Araria that the

petitioner was not selected by the District Selection Committee on the

basis of the Public District System (Control) Order, 2001 is absolutely

unjustified.

In view of the aforesaid fact, this Court quashes the order

as contained in Annexures 5 and 6 and orders that the licence of the

petitioner should be restored.

This writ application is thus, allowed.

        Sanjay                                                      (Sheema Ali Khan, J.)