IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.8700 OF 2009. USHA UPADHYAY, W/O LATE CHHOTELAL UPADHAYAY, R/O VILLAGE HARLA, POLICE STATION SONAHUN, DISTRICT KAIMUR (BHABHUA). …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE COLLECTOR, KAIMUR AT BHABHUA. 3.THE DEPUTY SUPERINTENDENT OF EDUCATION, KAIMUR. 4.THE DISTRICT EDUCATION OFFICER, KAIMUR. 5.THE BLOCK EDUCATION OFFICER, BHABHUA. 6.THE MUKHIA, JAGEBARAW PANCHAYAT, BHABHUA, KAIMUR. ………………………RESPONDENTS. ---------------------------------- 04/ 13.12.2011 Heard counsel for the parties. The petitioner’s husband died in harness on 12.07.2007 while holding the post of in Jagebraw Gram Panchayat in the district of Kaimur and the petitioner is aspirant for appointment on compassionate ground. Admittedly, the petitioner does not possess the requisite qualification for being appointed on the post of Panchayat Teacher, inasmuch as, she has not passed the intermediate examination till date which is the minimum requisite qualification for such post. Learned counsel for the petitioner, however, submits that the petitioner has 2 already passed her first year intermediate examination and that her course for the second year intermediate examination is going to be completed soon after. In view of the fact that the husband of the petitioner died on 12.07.2007, and the State Government Circular dated 05.10.1991 prescribes a period of five years by way of limitation of filing the application for appointment on compassionate ground, if the petitioner acquires qualification of intermediate any time before 11.07.2012 and also files a fresh application before the Panchayat Secretary of the concerned Gram Panchayat, a decision by the Panchayat including its Authority for appointment of the petitioner on compassionate ground shall be taken as prescribed in the Panchayat Teachers Appointment Rules-2006. If, however, the petitioner does not acquire qualification of the post of Panchayat Teacher by 11.07.2012 and/or the post on which her husband was working has already been filled up prior to this date and there is no other vacancy on the post of 3 Panchayat Teacher on which appointment of the petitioner can be made in the concerned Gram Panchayat ie. Jagebraw Gram Panchayat, the petitioner’s case for compassionate appointment will be rejected by recording reasons by the Panchayat Secretary and the Mukhiya. This exercise must be completed within a period of three months from the date, the petitioner would file her fresh application for appointment on compassionate ground after passing the intermediate examination. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)