IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.373 of 2010 1. BASANTI DEVI W/O LATE JAGDISH NARAYAN VIDYARTHI R/O VILL.- KARHARA, P.O.- KADHAR, P.S.- KAUAKOL, DISTT.- NAWADA AT PRESENT MOH.- KHASGANJ, P.O.- SOHSARAI, DISTT.- NALANDA 2. RAM PRADIP KUMAR S/O SRI YUGESHWAR PRASAD SINGH R/O VILL.- DHANUKI, P.O.- PAROHA, P.S.- MANPUR, DISTT.- NALANDA AT PRESENT MOH.- KHASGANJ, P.O.- SOHSARAI, DISTT.- NALANDA Versus 1. MAGADH UNIVERSITY, BODH GAYA P.O. - BODH GAYA, DISTT.- GAYA THROUGH THE VICE-CHANCELLOR 2. THE VICE-CHANCELLOR MAGADH UNIVERSITY, BODH GAYA, P.O.- BODH GAYA, DISTT.- GAYA 3. THE REGISTRAR MAGADH UNIVERSITY, BODH GAYA, P.O.- BODH GAYA, DISTT.- GAYA 4. THE PRINCIPAL KISAN COLLEGE, SOHSARAI, P.O.- SOHSARAI, DISTT.- NALANDA ----------- 2. 14.03.2011. Heard Mr. R.K.P. Singh for the appellants, and learned Junior counsel to Mr. Gautam Kejriwal, for respondent nos. 1, 2 and 3. The petitioners of C.W.J.C.No. 13551 of 2009 have preferred this appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna, and raise a grievance with respect to the order dated 13.1.2010, passed by a learned Single judge of this Court, whereby the writ petition has been dismissed, and petitioner no.2 (appellant no.2 herein) in the capacity of son-in-law of the late employee has not been allowed to be considered for appointment on compassionate ground. We have perused the materials on record and considered the submissions of the learned counsel for the parties. Jagdish Narayan Vidyarthi was in the services of Magadh University, Bodh Gaya, and died in harness on 27.6.2008. After his demise, appellant no.2 approached the University for his 2 compassionate appointment on the ground that he is the son-in-law of the late employee, the husband of appellant no.1. The University rejected his request which was challenged in the writ petition. The same has been dismissed by order dated 13.1.2010, passed by a learned Single judge of this Court. Law is well settled that all public employment in this country is a national wealth and every citizen should have unrestricted access to the same, which is possible only if the vacancies are widely advertised and every eligible citizen should have the opportunity to apply for consideration. It is a back-door entry and is based on descent. The courts have generally set their faces against it, except when the employer has framed specific Rules or policy decision to provide immediate succour to the family on account of death of the bread winner of the family. Learned counsel for the appellants informs us that there is no provision in the policy decision of the Magadh University allowing or prohibiting the son-in-law from getting compassionate appointment, and submits that absence of a provision in this behalf in the policy decision is a strong circumstance to show that the employer intended to extend this benefit to all first degree relations including the son-in-law. In view of the position that appointment on compassionate ground is based on descent, such benefit cannot be given to a person who is not in the line of descent of the late employee. It is evident from a perusal of the provisions of the Hindu Succession Act, 1956, that class 1 and 2 heirs do not include the son-in-law. 3 In that view of the matter, we are entirely agree with the order of the learned Single Judge. The appeal is accordingly dismissed. (S.K.Katriar,J). Shashi (S.P.Singh,J).