IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1614 of 2011 In Civil Writ Jurisdiction Case No. 12004 of 2006 With Interlocutory Application No. 7480 of 2011 In Letters Patent Appeal No. 1614 of 2011 ====================================================== Usha Devi, W/o Late Madhu Milan Kumar Singh, R/o New Yarpur, Road No. 1, P.O.-G.P.O., P.S.-Gardanibagh, District-Patna. .... .... Petitioner/Appellant Versus 1. The State of Bihar through the Director, Higher Education, New Secretariat, Patna. 2. The Vice Chancellor through Registrar, Magadh University, Both Gaya, Gaya. 3. The Secretary, Governing Body, Oriental College, Patna City, Patna. 4. The Principal, Oriental College, Patna City, Patna. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Rajiv Krishna Bariar, Advocate. For the Respondent/s : Mr. Devendra Kr Sinha AAG 2 Mr. Anant Kumar, A.C. to AAG 2. For the University : Mr. Anil Kumar Sinha, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 03-11-2011 Re. Interlocutory Application No. 7480 of 2011: The delay of 94 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1614 of 2011: This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 31st March 2011 passed by the learned single Judge in above CWJC NO. 12004 of 2006. Patna High Court LPA No.1614 of 2011 (2) dt.03-11-2011 2 / 3 2 The appellant-writ petitioner claimed compassionate employment in the Oriental College, Patna City, Patna on the premise that her husband, an employee of the said College, died in harness. Her claim was rejected by the College on the ground that the College does not have the policy of compassionate employment. The challenge to the said decision of the College has failed before the learned single Judge. Therefore, the present Appeal. Learned Advocate Mr. R.K.Bariar has appeared for the appellant. He has strenuously urged that the College has been receiving grant-in-aid from the State Government; the post on which her husband was working was also sanctioned by the State Government; the College is, therefore, regulated by the rules and policies framed by the State Government. Similarly, the policy of compassionate employment prevailing in the State Government would apply to the College also. The appellant is, therefore, entitled to compassionate employment in the College. We are unable to agree with Mr. Bariar. Mr. Bariar has failed to show us any provision that the scheme for compassionate employment framed by the State Government would apply to Non-Government Grant -in- Aid College including the minority colleges. We are unable to agree that the scheme for compassionate employment framed by the State Government automatically applies to the Non-Government colleges receiving grant-in-aid from the State Government. In absence of any material to hold that such policy applies to the Non-Government Grant -in- Aid colleges or that the respondent College has adopted Patna High Court LPA No.1614 of 2011 (2) dt.03-11-2011 3 / 3 3 such scheme, the relief prayed for by the appellant cannot be granted. We do agree with the learned single Judge. The Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)