IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14244 of 2005 HARIHAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Harshvardhan Shivsundaram For the State: Mr. Sanjay Prakash Verma, J.C. to GA 5. --------- 3. 29.08.2008 Heard learned counsel for the petitioner and learned J.C. to Government Advocate No. 5. The petitioner prays for a direction upon the respondents to appoint him on compassionate ground. The father of the petitioner while in service of the State Government died on 9.9.2001. The petitioner applied for appointment on compassionate ground on 14.9.2001. In the said application he enclosed his educational certificate showing that he has passed standard-VII from the Middle School, Dahabigha, Hilsa, Nalanda in the year 1985. In the counter affidavit filed on behalf of the respondents the stand taken is that the petitioner does not possess the requisite qualification for appointment on class IV post. The second part of the stand is that the petitioner has two elder brothers who all have filed their respective claims before the Department for appointment on compassionate ground. For the said reasons it is claimed that the petitioner is not entitled to be appointed on compassionate ground either on account of lack of educational qualification of Class VIII pass or since the claims have also been made by the other brothers. On a consideration of the aforesaid facts and - 2 - circumstances, this Court is of the view that the authorities have rightly not considered the claim of the petitioner for appointment on compassionate ground since he does not possess the requisite qualification. Moreover, in a situation where three brothers are fighting for appointment, no decision can be taken by the authorities as to which of them should be given the appointment on compassionate ground. Hence, for the aforesaid reasons, the writ application must fail and it is accordingly dismissed. S.Pandey (Ramesh Kumar Datta, J.)