Matriculation is a mandatory educational qualification for grant of PDS license on compassionate grounds.

The petitioner’s father held a Fair Price Shop (FPS) license in Kutubpur Panchayat until his death on May 29, 2017

Following his death, the petitioner applied for the grant of the FPS license on compassionate grounds on September 7, 2017

The District Level Selection Committee, in its meeting dated January 19, 2019, rejected the application because the petitioner had only passed Class VIII and did not possess the minimum educational qualification of Matriculation

The petitioner challenged this rejection, arguing that the educational requirements for fresh applicants should not apply to compassionate appointments

1. Whether the minimum educational qualification of Matriculation, as prescribed under the Bihar Targeted Public Distribution System (Control) Order, 2016, is mandatory for the grant of a license on compassionate grounds.

Clause 9(v) of the Bihar Targeted Public Distribution System (Control) Order, 2016, which stipulates that an applicant for a fair price shop license must be an adult and a "matric pass"

Panna Lal Prasad v. The State of Bihar Ors (CWJC No. 20918 of 2019), which held that legal heirs of deceased PDS dealers must meet the minimum educational criteria of Matriculation for compassionate appointment

The court examined the petitioner’s educational status and noted his admission at Para-8 of the writ petition that he had only passed the 8th class, categorizing him as a non-matriculate

The court rejected the petitioner's argument that compassionate grounds exempt an applicant from statutory educational requirements. Relying on the interpreted mandate of Clause 9(v) of the Control Order, 2016, and the consistent ruling in Panna Lal Prasad, the court reasoned that the qualification of Matriculation is an essential prerequisite for any applicant, including those seeking a license on compassionate grounds

Consequently, the Selection Committee’s decision was found to be in accordance with the law and devoid of any irregularity or arbitrariness

The writ petition was dismissed as devoid of merit, and the order of the Selection Committee dated January 19, 2019, was upheld. All pending interlocutory applications were disposed of