IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8917 of 2010 1. KUNJ BEHARI RAI S/O LATE RAM BABU RAI R/O VILL.- JAWAHARPUR, P.O. DALSINGHSARAI, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, CO-OPERATIVE SOCIETIES DEPARTMENT, NEW SECRETRIAT, PATNA 2. THE PRINCIPAL SECRETARY, CO-OPERATIVE SOCIETIES DEPARTMENT, NEW SECRETARIAT, PATNA 3. THE REGISTRAR, BIHAR STATE CO-OPERATIVE SOCIETIES, NEW SECRETRIAT, PATNA null null 4. THE DISTRICT REGISTRAR, CO-OPERATIVE SOCIETIES, SAMASTIPUR 5. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, DALSINGHSARAI CIRCLE, DALSINGHSARAI, DISTT.- SAMASTIPUR ----------- For the Petitioner: Mr. Ajey Kumar, Advocate For the State : Mr. Madhukar Mishra, AC to GA 7 ------- 2. 09.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner applied for compassionate appointment after his father was deceased in harness on 24.10.2005. This Court in CWJC No. 14482 of 2009 noticed that the matter was still pending consideration and directed expeditious disposal. The impugned order dated 20.4.2010 has than been passed rejecting his claim. Learned Counsel submits that in reply to show cause dated 12.11.2009 the petitioner has already replied on 27.11.2009 asserting his qualification of Class VIII pass when the Class VII pass certificate was submitted earlier inadvertently. Counsel for the State submits that he has received instruction which supports the recitals contained in the impugned order. An order of an authority has to be tested on the recitals and reasons contained in the order. This Court is not persuaded to adjourn the matter for filing counter affidavit when it is otherwise satisfied from the recitals and reasons in the order that the matter can be disposed off at this stage. The finding in the impugned order at para 4 is that despite knowledge of the qualification requisite for appointment on compassionate ground he did not submit such qualification in time but did so only after he was asked a show cause acknowledging his mistake. To this Court, the only issue for consideration is whether the Class VIII certificate furnished by the petitioner subsequently is genuine or not. If it is genuine, the petitioner may have a case to be considered for compassionate appointment. If it is not genuine, the petitioner has no case for consideration. The genuineness of the certificate is a matter for factual verification by the authorities from the institution or authority from whom the petitioner professes to have obtained the Class VIII certificate. The order dated 20.4.2010 is set aside and the matter is remanded to the Registrar, Cooperative Societies, Bihar for fresh consideration in light of the aforesaid discussion. Let such consideration/verification be done and final appropriate decision be taken within a maximum period of three months from the date of receipt and/or presentation of a copy of this order. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)