IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11107 of 2010 1. MD.HUSSAIN S/O LATE ALI HASSAN R/O AT STAFF QUARTER, EQBAL HOSTEL COMPOUND, PATNA COLLEGE, P.S.PIRBAHORE, TOWN & DISTT-PATNA, PIN CODE-800005------------PETITIONER Versus 1. THE PATNA UNIVERSITY, PATNA THROUGH ITS REGISTRAR 2. THE VICE CHANCELLOR, PATNA UNIVERSITY PATNA 3. THE REGISTRAR, PATNA UNIVERSITY PATNA 4. THE PRINCIPAL, PATNA COLLEGE, PATNA UNIVERSITY PATNA, PIN CODE-800005 5. THE DEAN OF STUDENTS WELFARE, PATNA UNIVERSITY PATNA, PIN CODE-800005----------------RESPONDENTS ----------- 2 14.3.2011 Heard learned counsel for the parties. The Court has intentionally refrained from expressing any opinion on the merit of the claim of the petitioner with regard to his appointment on a class IV post under compassionate head because this is the issue which is required to be first decided by the competent authority of the university. Since the university has remained silent therefore the present writ application. Learned counsel for the university has no instruction on the issue but he made certain submission based on the pleadings and materials brought on record. The Court can not take notice of such submission for the reasons that there is failure on the part of the university to take a decision one way or the other with regard to the claim of the petitioner. Only when the decision is taken and which is not acceptable to the petitioner then the validity of the same can be looked into. Since it is case where no judicial adjudication is required at this stage in absence of any decision of the University - 2 - on the claim of the petitioner, this writ application is disposed of with a direction upon the Registrar of the University that he will process the application before the concerned authority and thereafter the outcome of the exercise would be communicated to petitioner within a period of three months from the date of the production or communication of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)