IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6679 of 2006 MANOJ KUMAR, S/O LATE BHAGWAN DAS, R/O MOHALLA-DARIYAPUR GOLA, P.O.+P.S.-KADAMKUAN, PATNA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DIRECTOR IN CHIEF, HEALTH SERVICES, BIHAR, PATNA. 3. SUPERINTENDENT, PATNA MEDICAL COLLEGE AND HOSPITAL, PATNA. 4. DISTRICT EDUCATION SUPERINTENDENT, PATNA. 5. DISTRICT EDUCATION OFFICER, PATNA. ……………RESPONDENTS. ----------- 12 16.07.2010 Petitioner’s father died in harness while working as Sweeper in the Patna Medical College & Hospital, Patna on 6.5.2001. Accordingly, he applied for his compassionate appointment. Vide Annexure-4 dated 5.5.2005, petitioner was informed by the Superintendent (PMCH) that, as per the letter of the District Superintendent of Education dated 4.3.2005, petitioner was not entitled for compassionate appointment as he had produced a certificate of having passed class-VIII examination from one Netaji Public Academy, Rajendra Nagar, Patna, which was not a recognized institution. Petitioner aggrieved by the said communication has moved this Court. The transfer certificate which he had produced is annexed as Annexure-5, which shows - 2 - that he had passed the class-VIII examination from the said school. A letter of the Deputy Director of Education (School Education), Bihar dated 5.5.1976 addressed to the District Superintendent of Education, Patna, annexed as Annexure-6, shows that the school was granted recognition with effect from date of the letter. A proceeding of the Take Over Committee dated 20.01.2002, annexed as Annexure-7, also shows that this school was also under consideration for its take over. Learned counsel for the petitioner fairly admits that these documents were not produced by the petitioner along with this application and, therefore, the respondents had no occasion to consider the same. In the circumstances, this Court gives liberty to the petitioner to file a representation before the Superintendent, P.M.C.H., enclosing these documents in support of his claim that at the relevant time, when the petitioner passed the class-VIII examination, the school was recognized. If such a representation is filed by the petitioner within one month, the Superintendent, P.M.C.H. - 3 - shall consider the same and if he finds that the petitioner has made out the case of valid recognition of the school at the time he had passed the class-VIII examination, he shall refer the matter to the Compassionate Committee for consideration of the case of the petitioner. In case the Superintendent, P.M.C.H. is not satisfied with the materials produced by the petitioner he shall communicate the reasons for the same to the petitioner within one month from the date of filing of the representation. With the above observations and directions, the writ application is disposed of. Arvind/ (J. N. Singh, J.)