PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:

1.The Writ petition is filed for the following reliefs:-

"(i) To quash and set aside the selection of the Respondent No. 5 as a Public Distribution Shop Dealer of Haripur Gram Panchayat in Forbesganj Block in District: Araria on the basis of objection filed by Respondent No. 5 as contained in (Annexure-P/5) pursuant to selection process carried out under Advertisement contained in Memo No. 48 dated 20.01.2018 issued by the District Magistrate, Araria (Annexure-P/1);

(ii) To direct for selection of this petitioner as one of the Public Distribution Shop Dealers for Haripur Gram Panchayat in Kumarkhand of Block Forbesganj in District: Madhepura as she was selected and recommended by the competent authority,however, the same was later changed and the private respondent was illegally selected;

(iii) To revert back to and to restore the merit list as contained in Annexure- P/4 in which the name of the petitioner finds at first place and is shown to be selected as a PDS Dealer;

(iv) To any other relief or relief which the petitioner may be found entitled to in the facts and circumstances of the case;

(v) Cost of this litigation."

2.Upon perusal of the records, it appears that by order dated 22.02.2019, this Court issued notice to Respondent No. 5 and directed the respondent State to file a counter affidavit. For better appreciation, the order dated 22.02.2019 is reproduced below:

"Learned counsel for the petitioner has drawn attention of this court towards the note appearing at Annexure-5 to the writ application which shows that the private respondent has been selected by taking her graduation marks as 58.01% in comparison to the graduation marks of the petitioner as 56.33%.

Learned counsel for the petitioner submits that getting higher percentage of marks does not mean higher qualification. It is submitted that otherwise this petitioner being nine years elder in age is entitled to be given preference over private respondent if the educational qualification remains the same.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTkwNSMyMDE5IzEjTg==-EHYQhCgnGiw=

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