Exclusion of Married Daughters from PDS Dealership Compassionate Allotment Violates Constitutional Equality Principles

The petitioner is the married daughter of a deceased Public Distribution System (P.D.S.) dealer who held licenses in Muzaffarpur

Following her father’s death on February 23, 2017, the petitioner applied for the P.D.S. dealership on compassionate grounds, claiming to be the sole surviving heir

Her application was rejected by the District Magistrate via Memo No. 37 dated August 4, 2021, on the sole ground that she is a married daughter

The respondents contended that according to Clause 10 of the Bihar Targeted Public Distribution System (Control) Order, 2016, only an "unmarried daughter" is eligible for compassionate allotment

1. Whether the exclusion of a "married daughter" from the eligibility criteria for compassionate P.D.S. dealership allotment under Clause 10 of the Control Order, 2016, is constitutionally valid

2. Whether the licensing authority is bound to reconsider the petitioner's claim in light of evolving jurisprudence regarding gender discrimination and marital status

Clause 10 of the Bihar Targeted Public Distribution System (Control) Order, 2016, which restricts compassionate allotment to specific dependents including the spouse, son, unmarried daughter, and daughter-in-law

Constitutional principles of equality and non-discrimination under Articles 14 and 15(1) of the Constitution of India

The precedent of Kulsum Nisha v. State of U.P. Others (2026 SCC OnLine SC 1059), which established that excluding married daughters from the definition of "family" for welfare schemes is "manifestly arbitrary" and based on "gender stereotypes"

The Court observed that the petitioner’s application was rejected purely on a literal interpretation of Clause 10 without considering the constitutional implications of excluding married daughters

The Court found that the District Magistrate and Revisional Authority failed to examine whether the legal principles laid down by the Supreme Court—which strike down marital status as a bar to compassionate benefits—should apply to the Bihar Control Order

The High Court determined that the competent authority must be given the opportunity to apply these "constitutional principles governing equality" and the "subsequent declaration of law by the Hon’ble Supreme Court" to the specific facts of the petitioner’s eligibility

It held that the authority must independently examine the claim in accordance with the law, specifically keeping in view the Bihar Control Order, 2016, and the judgments cited regarding the rights of married daughters

The respondents were directed to pass a reasoned and speaking order after a personal hearing within three months and the writ petition was disposed of with these directions