Patna: The Patna high court dismissed a petition challenging the legality of state government’s control order of 2016, which provides reservations in appointment of fair price shop dealers in Bihar.
A division bench comprising Chief Justice K Vinod Chandran and Justice Harish Kumar, while dismissing the writ petition of one Nonu Singh, delivered this judgment on February 23.
This writ petition, filed seven years ago, had challenged the constitutionality of the provisions of Bihar Targeted Public Distribution System (PDS) ) control order of 2016 whereby 50 percent reservation has been granted to the members of scheduled castes, scheduled tribes, extremely backward castes and backward castes.
The petitioner also sought quashing of the state government’s decision of March 8, 2017 whereby a horizontal reservation of 35 percent has been provided to the women of all categories in granting licence.
Petitioner’s counsel Dinu Kumar submitted that reservation, as envisaged by Constitution, is meant for public employment and in admission to higher education and, as such, is not applicable for granting licences for fair price shop dealers.
State counsel Ajit Kumar submitted that very object of providing reservation is for the purpose of women empowerment. Such reservation will improve the participating ratio of marginalised section.
The court, while dismissing the plea of petitioner, held that Article 15 of the Constitution confers upon state ample power to make special provision for women and children; and for advancement of socially and educationally backward classes.
A division bench comprising Chief Justice K Vinod Chandran and Justice Harish Kumar, while dismissing the writ petition of one Nonu Singh, delivered this judgment on February 23.
This writ petition, filed seven years ago, had challenged the constitutionality of the provisions of Bihar Targeted Public Distribution System (PDS) ) control order of 2016 whereby 50 percent reservation has been granted to the members of scheduled castes, scheduled tribes, extremely backward castes and backward castes.
The petitioner also sought quashing of the state government’s decision of March 8, 2017 whereby a horizontal reservation of 35 percent has been provided to the women of all categories in granting licence.
Petitioner’s counsel Dinu Kumar submitted that reservation, as envisaged by Constitution, is meant for public employment and in admission to higher education and, as such, is not applicable for granting licences for fair price shop dealers.
State counsel Ajit Kumar submitted that very object of providing reservation is for the purpose of women empowerment. Such reservation will improve the participating ratio of marginalised section.
The court, while dismissing the plea of petitioner, held that Article 15 of the Constitution confers upon state ample power to make special provision for women and children; and for advancement of socially and educationally backward classes.