IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5364 of 2010 1. AHMAD EQBAL ASHARAF S/O LATE MOHAMMAD YUNUS ASHRAF R/O VILL.- PAHARPUR, P.O.- DEBUL BUZURG, VIA-CHANDANPATTI, P.S.- SAKRA, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, SECONDARY EDUCATION BIHAR, PATNA 3. REGIONAL DEPUTY DIRECTOR OF EDUCATION TIRHUT DIVISION AT MUZAFFARPUR 4. THE DISTRICT MAGISTRATE DISTT.- VAISHALI AT HAZIPUR 5. THE DISTRICT EDUCATION OFFICER DISTT.- VAISHALI AT HAZIPUR ----------- 2/ 25/11/2010 Heard learned counsel for the petitioner and learned counsel for the State. The grievance is that notwithstanding the recommendation of the District Compassionate Appointment Committee at Vaishali dated 25.1.2006 for compassionate appointment the appointment still remains elusive even while the person at serial No.10 of the merit list below the petitioner is stated to have been appointed raising issues of violation of Article-14 of the Constitution of India. If a recommendation has been made in favour of the petitioner and subsists, there can be no justification for the respondents not to act upon the same, more particularly when it is alleged that a person lower in the panel has been appointed raising issues of hostile discrimination. Let the respondents take appropriate action on the recommendation made with regard to the petitioner - 2 - on 25.1.2006 within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)