IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12704 of 2002 Prabhash Kumar Sah @ Prabhash Kumar, son of Sri Brahmdeo Saha, resident of Leela Teli Lane Aliganj, P.S. Mojahidpur, P.O. Mirganhat, District Bhagalpur. ---------- Petitioner Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar. 2. The District Magistrate Bhagalpur cum Chairman, District Compassionate Committee, Bhagalpur, Bihar. 3. The District Superintendent of Education, Bhagalpur, Bihar. 4. The District Education Officer, Bhagalpur, Bihar. 5. Sri Ran Vijay Prasad, Additional Collector, Bhagalpur. 6. Sri Vibhash Kumar Sah, son of Sri Brahmdeo Sah, resident of Leela Teli Lane, Aliganj, Mirganhat, P.S. Mojahidpur, District Bhagalpur. -------- Respondents ----------- 3 21.09.2010 No one appears on behalf of the petitioner. Counsels for the State as also counsel for the respondent no.6 are present. The following prayer of the petitioner in this writ application basically disputing the appointment of respondent no.6 on compassionate ground:- “1(a) To quash the order passed by District Compassionate Committee in its meeting held on 26.5.2001 by which the claim of this petitioner to compassionate appointment was arbitrarily and malafidely rejected by the respondent no.2 vide memo no. 1975 dated 1.8.2001. (b) To quash the order passed by the District Compassionate Committee in its meeting held on 31.10.2000 by which Respondent no.6 was 2 provided service on compassionate ground as mentioned in the aforesaid memo no. 1975 dated 1.8.2001. (c) To direct the Enquiry Officer, Respondent no.5 to submit his report to respondent authorities as early as possible. (d) To direct respondent no.2 to initiate an enquiry on the point that as to how the representations of this petitioner were not placed before the committee for considering the petitioner’s claim. (e) To consider the case of this petitioner for service on compassionate ground as respondent no.6 has obtained the aforesaid job by playing fraud upon the respondent authorities as well as on this petitioner. (f) To call for the records of all the concerned proceedings, if required, for the ends of justice.” would now serve no useful purpose, inasmuch as, after the death of the mother of the petitioner such appointment of the respondent no.6 was made and the case of the petitioner was rejected. It has to be kept in mind that the dispute between the two brothers, the petitioner and the respondent no.6, was subsequently also made subject matter of 3 enquiry by the Collectorate of Bhagalpur and even then the appointment of respondent no.6 made on 1.12.2001 was not interfered with. The respondent no.6, in fact, now has remained in service for almost nine years and therefore, this dispute between the two brothers now has become one of academic importance. The absence of the counsel for the petitioner, in fact, only confirms the lack of interest on the part of the petitioner to pursue this matter. That being so, this application, being devoid of any merit, is hereby dismissed. Rsh (Mihir Kumar Jha, J.)