IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2789 of 2005 ANIL PRASAD JAISWAL son of late Paras Nath Choudhary Resident of Mohalla Gulbighat, P.O.Mahendru, P.S.Sultanganj, District Patna------------petitioner Versus 1.The State of Bihar 2.Sri Rashid Ahmad Khan, the Director, Department of Welfare, Old Secretariat, Patna 3.Sri Kishore Chand Dubey, the Deputy Director, Department of Welfare, Patna Division, Bihar,Patna 4.Dr.B.Rajendra, District Magistrate,Patna-Opp.parties ----------- 4. 3.8.2009 The petitioner is aggrieved by non-compliance of the order dated 29.6.2005 by which this Court had directed the opposite parties to consider the application of the petitioner for appointment on compassionate ground and decide the same one way or the other in accordance with law as quickly as possible but not later than 12 weeks from the date of service of a copy of the order upon the respondent no.2. Today a supplementary show cause has been filed on behalf of opposite party no.2, the Director, Department of Welfare in which the order dated 30.7.2009 has been annexed whereby the case of the petitioner has been considered and rejected by the Director, Social Welfare on the ground that he has neither submitted a correct date of birth nor possessed the requisite qualification. 2 It is further pointed out in the said order that the petitioner had again filed another writ petition being C.W.J.C.No. 2039 of 2006 which was dismissed by the order dated 6.2.2009 and the said order has been upheld in LPA No.277 of 2009 by the order dated 29.4.2009. The grievance of the petitioner is that the matter has not been sent to the Compassionate Committee. The same cannot be a ground for proceeding under the contempt jurisdiction as before sending the application for compassionate appointment to the Compassionate Committee the departmental authorities considered such basic matter that the petitioner did not possess the requisite qualification and have decided that the case of the petitioner is not at all fit for sending to the District Compassionate Committee. In the present matter since several rounds of litigation between the petitioner and his brother have also taken place and this Court had also observed that the petitioner did not possess the requisite qualification it was open to the authorities not to send the case of the petitioner to the Compassionate Committee. 3 In the above circumstances, there is no merit in the contempt application and it is, accordingly, dismissed. (Ramesh Kumar Datta,J.) spal/