IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2008 of 2008 ASGAR FAROOQUI, S/O LATE MUNNI MIAN, R/O VILLAGE + P.S. SHEONAGAR, DISTRICT ROHTAS. ……………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2.THE SECRETARY ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3.THE ENGINEEER IN CHIEF, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4.THE CHIEF ENGINEER, NATIONAL HIGHWAY, ROAD CONSTRUCTION DEPARTMENT, PATNA. 5.THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY CIRCLE, DEHIR ON SONE, ROHTAS. 6.THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, DEHIR ON SONE, ROHTAS. …………………RESPONDENTS. ----------- 02/ 19.04.2011 Heard Mr. Alamdar Hussain, counsel for the petitioner and counsel for the State. In this writ application, the petitioner claims that his application for appointment on compassionate ground on account of death of his father dying in harness on 04.06.2003, is still pending and therefore, a direction should be given to the concerned authority for taking a final decision as with regard to his appointment on compassionate ground. Counsel for the State with reference to paragraph no. 6 of the counter 2 affidavit which is in reply to paragraph no. 12 of the writ application would submit that earlier the petitioner after the death of his father had submitted a certificate showing that he has passed class-V examination, which was not found to be enough for the appointment of the petitioner in Government service. Subsequently, on being asked petitioner has submitted a certificate of having passed class-VIII examination and that has been sent for taking necessary action. Counsel for the petitioner Mr. Alamdar Hussain would accordingly submit that the petitioner fulfils the requisite qualification and as such the respondent should not have taken this long in taking a decision for his appointment on compassionate ground. In the considered opinion of this Court there is something in amiss in the whole concept of the petitioner seeking appointment on compassionate ground. The petitioner lost his father on 04.06.2003, and thereafter he is said to have filed an application for compassionate appointment on 3 05.09.2003 through his mother. Subsequently, the petitioner himself had filed his application on 15.04.2005 which is Annexure- 5 to the writ application. In this writ application filed in the year 2008 in the normal circumstances, the certificate of his educational qualification which was already issued to the petitioner by the School in question showing him to have been passed class-VIII examination being in the date of 20.09.2004, ought to have been enclosed here inasmuch as by this time the petitioner had not only passed class-VIII examination way back on 31.12.1997, but he was also in possession of such certificate. The explanation of the counsel for the petitioner that he or his mother had the knowledge of the requirement of passing class-V examination to be sufficient for appointment on compassionate ground on a class-IV post in the Government service had led to filing of a class-V certificate after the death of his father on 04.06.2003 has to be only noted for its being rejected. This in fact ordinarily, would not inspire confidence. 4 Be it that it may as now the petitioner has himself submitted two certificates of his educational qualification one of the year 2003 having passed class-V examination in 2003 and other of the year 2004 having passed class-VIII examination in 1997 they have to be scrutinized by the District Compassionate Appointment Committee by holding an enquiry from the competent authority issuing both the certificates and if in course of such enquiry it is found that both the certificates submitted by the petitioner are genuine, only then it would take an appropriate decision for appointment of the petitioner in the light of the policy of the Government as laid down in the circular dated 05.10.1991. It is however made clear as there are two certificates of educational qualification of the petitioner, both of them have to be examined by the District Compassionate Appointment Committee in order to rule out the possibility of manufacturing of false certificate of educational qualification. Let such exercise be completed by 5 the Respondents within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha,J)