IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15261 of 2008 Alok Kumar, son of Late Birendra Narayan Singh, resident of Mohalla Rasulpur Jilani, Majhaulia Road, P.O. – G.P.O., Muzafarpur, P.S. Quazi Mohammadpur, District- Muzaffarpur, recently posted as Orderly (Peon), Dwarika Nath High School, Muzaffarpur, District- Muzaffarpur. …………. Petitioner Versus 1.The State Of Bihar 2.The Principal Secretary, Human Resources Development, Primary and Adult Education Department, Govt. of Bihar, Patna 3.The Director, Secondary Education, Govt. of Bihar, Patna 4.The District Magistrate-cum-Chairman, District Compassionate Committee, Muzaffarpur, District- Muzaffarpur 5.The District Education Officer, Muzaffarpur, District- Muzaffarpur. ……………. Respondents ---------------------------------- 2. 24/11/2011 Petitioner got a heart burning because, inspite of recommendation of the Compassionate Committee to appoint him on a Class III post, he was appointed on a Class IV post, whereas other persons, who were also recommended for appointment on Class III posts along with petitioner, were accommodated on Class III posts. The fact that the petitioner accepted his appointment goes against his claim that he should now be shifted to a Class III post. However, in all executive function the concerned authorities of the Government are required to maintain uniformity. If a number 2 of persons are being recommended for compassionate appointment in the same proceeding of the Compassionate Committee, reasonable criteria must be adopted for appointing some of them on Class III posts and rest of them on Class IV posts. Some directions of the Government is in vogue wherein before appointment on Class III posts, merit has to be judged. But that criteria must be applied in respect of all the recommendees before a decision is taken by the appointing authority to appoint them on Class III posts. Clearly, authorities cannot adopt a pick and choose policy between the number of persons recommended for compassionate appointment, and appoint them on Class IV posts or Class III posts as per their subjective satisfaction and choice. If this is done, clearly it will be violative of Article 14 of the Constitution of India and may be struck down by this Court. Since in this case all the persons recommended by the Compassionate Committee and appointed thereafter are not before this Court, this Court is unable to go into the 3 question of arbitrariness and discrimination. Hence, this Court disposes of the writ application with a direction to the authorities to look into the matter with due caution and uniformity and in consonance with letter and spirit of Article 14 of the Constitution of India. Pradeep/ ( J. N. Singh,J.)