IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10681 of 2008 PRABHASH KUMAR MANDAL, S/O LATE BHUDEVA MANDAL, R/O VILLAGE KISHAN TOLI, P.S. SARSI, DISTRICT ARARIA, PRESENTLY RESIDING AT VILLAGE SIMARBANI, P.S. BHARGAMA, DISTRICT ARARIA. ..............PETITIONER. Versus 1.THE STATE OF BIHAR. 2.DISTRICT MAGISTRATE CUM CHARIMAN,DISTT. COMMITTEE FOR APPOINTMETNT ON COMPASSIONATE GROUNDS, ARARIA. 3.DISTRICT EDUCATION OFFICER, ARARIA, DISTT, ARARIA. 4.DISTRICT EDUCTION OFFICER, PURNEA, DISTT. PURNEA. 5.HEAD MASTER, UCHCH VIDYALAY SIMARBANI, DISTT. ARARIA. 6.SECRETARY, DEPTT OF PERSONNEL & ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. ..............RESPONDENTS. ----------- 02/ 03.05.2011 Heard Mr. Murari Narayan Chaudhary, learned counsel for the petitioner and counsel for the State. Admittedly, when the father of the petitioner died in the year 1990, at that time the petitioner was aged about 10 years. Considering the fact that he could not have become major in next five years, in which the period of limitation for filing application for appointment on compassionate ground had expired , this Court would not find any error in the resultant decision taken by the District Compassionate Appointment Committee in its meeting held on 01.08.2005, rejecting the case 2 of the petitioner on the ground of filing a time barred application. Mr. Chaudhary however would like to contend that the mother of the petitioner had filed the application which ought to have been treated as an application of the petitioner. The difficulty for the petitioner would be that in the year 1990, or even in next five years of the period of limitation, he was still a minor and therefore, an application even after filed by his mother could not have cured his ineligibility. Reference in this connection may be made to judgment of the Division Bench of this Court in the case of Anil Kumar Singh vs The State of Bihar & ors, reported in 1993(1) PLJR 414 wherein it has been held that if a minor does not become major within the period of limitation i.e. five years, he will not be eligible for appointment on compassionate ground. That being so, this Court would not find any merit in the application and the same is accordingly dismissed. Ranjan (Mihir Kumar Jha, J)