IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 1642 of 2010 1. SUBODH KUMAR S/O LATE NEMAN SHARMA R/O VILL KUDARASI, P.O. ANANDPUR, P.S.RAMPUR CHAURAM, DISTT-ARWAL, AT PRESENT POSTED AND WORKING AS PRAKHAND TEACHER IN GOVT. MIDDLE SCHOOL BARI AIGHU,ANCHAL-BEGUSARAI,DISTT-BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT GOVT. OF BIHAR,PATNA 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR,PATNA 4. THE DIRECTOR , PRIMARY EDUCATION BIHAR,PATNA 5. THE DISRICT LEVEL COMPASSIONATE APPOINTMENT COMMITEE THROUGH ITS CHAIRMAN, THE DISTRICT MAGISTRATE BEGUSARAI 6. THE DISTRICT MAGISTRATE BEGUSARAI 7. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN, DISTRICT EDUCATION ESTABLISHMENT COMMITTEE BEGUSARAI 8. THE DEPUTY COLLECTOR (ESTABLISHMENT ) BEGUSARAI 9. THE DISTRICT SUPERINTENDENT OF EDUCATION BEGUSARAI 10. THE BLOCK EDUCATION OFFICER BEGUSARAI, DISTT-BEGUSARAI ----------- 2 26.07.2010 The petitioner had sought compassionate appointment in place of his father who died in harness. The Compassionate Appointment Committee directed petitioner to take up the appointment in Panchayat/Municipal School as Panchayat Teacher or Block Teacher. Petitioner has challenged the same praying that he should be given compassionate appointment as a permanent teacher under the State Government and not under local self-Government. In my view, the policy of the State Government cannot be assailed. A person seeking compassionate appointment is entitled to an appointment and not appointment of his choice. Compassionate appointment is not as a matter of right. That being so, nothing can be deemed to be wrong in the policy as adopted by the Government. The writ petition, thus, requires no consideration. Let it be noted that petitioner has joined as Block Teacher 2 under protest. Learned counsel for the petitioner, at the Bar, informs that similar decision, having been rendered by this Court and similar view being taken by the Full Bench of this Court, the matter is now before the Apex Court. I can only note that if the Apex Court grants any relief in similarly situated situation to any person, the petitioner may be considered for the same also by the authorities as and when the occasion arises. The writ petition, with the aforesaid observation, is dismissed. M.E.H./ (Navaniti Prasad Singh)