IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9961 of 2009 MD.MUSHARRAF ALAM, SON OF LATE MD. NIZAMUDDIN, RESIDENT OF VILLAGE MASUADPUR, P.S. AZAM NAGAR, DISTRICT KATIHAR---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, DISTRICT KATIHAR. 3. THE DEPUTY COLLECTOR, ESTABLISHMENT, KATIHAR. 4. THE DISTRICT AGRICULTURE OFFICER, KATIHAR. 5. THE DISTRICT COMPASSIONATE APPOINTMENT COMMITTEE, KATIHAR THROUGH ITS CHAIRMAN. 6. THE BLOCK DEVELOPMENT OFFICER, BARSOI, DISTRICT KATIHAR---RESPONDETNS. ----------- 03. 20.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is compassionate appointee on Class-IV post. He has filed this writ application that ignoring his better claim he has been discriminated while giving him offer for appointment as others with inferior qualification have been appointed on compassionate ground against Class- III post but petitioner has been appointed on Class-IV post. It is further contended on his behalf that the other compassionate appointees of Class-IV post were given opportunity to appear in the limited departmental examination and those who succeeded were again appointed on Class-III post but petitioner was not given such opportunity to appear in the limited departmental examination. 3. Having heard counsel for the parties, I direct that if other compassionate appointee appointed against Class-IV post have been allowed opportunity to appear in the limited departmental examination then such opportunity should also be allowed to the petitioner as and when the next examination is held and if he succeeds in the examination then he must also be considered for Class-III post. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 2 -