IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15577 of 2005 JAINENDRA KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2 24.9.2010 Heard learned counsel for the parties. The Court fails to understand the basic constitutional or statutory right which entitles the petitioner to be appointed on a Class III post under compassionate ground. The case of the petitioner along with others was considered by the District Compassionate Committee and dependent upon the vacancy available these appointments came to be made. It is the stand of the respondent State that the Committee had made recommendation with regard to 14 other similarly situated candidates and he has not been discriminated. Nobody has been offered a class III post instead of Class IV post. Compassionate appointment is not a fundamental and constitutional right. It has also been held that such appointments may verge on the boarder of violation of Articles 14 and 16 of the Constitution of India. But if such provisions continue till they are declared ultravires or unconstitutional, appointments are going to be made. But it does not mean that it is going to be used as a foothold to bargain for higher posts and entitlements. The claim of the petitioner is not based on any rule or law. This writ application is dismissed as being misplaced. RPS (Ajay Kumar Tripathi,J.)