IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12778 of 2006 Mithilesh Kumar, son of late Sahdeo Mochi, resident of Village Gangachak Malikana, P.S. Masauri, Distt. Patna. ------- Petitioner Versus 1. Patna Municipal Corporation through Commissioner-cum-Chief Executive Officer, Patna. 2. The Executive Officer, Patna Municipal Corporation, Nutan Rajdhani Anchal, Patna. 3. The Assistant Health Officer, Nutan Rajdhani Anchal, Patna Municipal Corporation, Patna. ------- Respondents ----------- 6 29.03.2011 No one appears on behalf of the petitioner. Counsel for the Patna Municipal Corporation is present. The prayer for appointment of the petitioner on compassionate ground in Patna Municipal Corporation has been sought to be repelled by the respondents by filing a counter affidavit, wherein, it has been stated that the petitioner does not possess even the minimum requisite qualification of having passed Class-VIII. Paragraph nos. 6 & 7 of the counter affidavit in this regard reads as follows:- “6. That from perusal of the Annexure-2 it is quite apparent that the petitioner is an illiterate person and as the circular of the State Govt. no person who had not passed class-VIIIth examination is entitled to be appointed in Class 2 IV employee. 7. That the petitioner had not furnished any certificate showing passing Class VIIIth examination and as such his application for appointment on compassionate ground cannot be allowed and he is not entitled to be appointment on Class IVth post.” There is no rejoinder affidavit filed on behalf of the petitioner to such stand taken by the respondents in their counter affidavit though a copy of such counter affidavit was served on his counsel on 23.8.2010. Thus in view of the aforesaid admitted position that the petitioner did not possess the requisite qualification even for Class-4 post, his claim of compassionate ground had to be rejected by the Patna Municipal Corporation. Consequently, there is no merit in this writ application and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)