IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11541 of 2008 Sanjiv Kumar Mishra, Son of Late Dr. Bal Krishna Mishra, resident of village Alinagar Mungrora, P.S. Jamalpur, District Munger……………..Petitioner Versus 1. Tilka Manjhi Bhagalpur University through Registrar, Bhagalpur. 2. Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 3. Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur……………………………………………………………..Respondents ---------------------------------- 4 23.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. The wife of the deceased predeceased him. They left behind two sons – petitioner and his elder brother Krishna Mohan Mishra. Petitioner filed an application for compassionate appointment which remained pending with the University. Hence, he filed this writ application. In the counter affidavit filed on behalf of the University it is stated that since elder brother of the petitioner has also applied for appointment for compassionate ground, the Committee of Three Members, assigned to consider matters of compassionate appointment, postponed the matter in view of rival claims of both the 2 brothers. A supplementary affidavit has been filed by the petitioner today. Along with supplementary affidavit, a photo copy of the affidavit sworn before the Notary Public, Bhagalpur by the elder brother of the petitioner, namely, Krishna Mohan Jha which is dated 11.12.2007 has been annexed as Annexure-5. On the basis of this affidavit, it is claimed that elder brother of the petitioner had already relinquished his claim in favour of the petitioner in 2007. Learned counsel for the University submits that officials of the University have no knowledge of this affidavit. In the circumstances, learned counsel for the petitioner submits that a fresh affidavit shall be filed before the University authorities by one of the brothers relinquishing his claim for compassionate appointment in favour of other brother. Naturally, if such an affidavit is filed, dilemma of compassionate appointment in respect of appointment of one of the sons of the deceased in the University will be over and 3 it will be in a position to take a final decision in the matter. In the circumstances, the writ application is disposed of with liberty to the petitioner to produce an affidavit before the authorities of the University, in the manner as indicated above. As and when such affidavit in original is produced before the authorities of the University, they shall take a final decision in the matter positively within two months from the date of filing of that affidavit. BT (J. N. Singh, J.)