IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5344 of 2010 1. SANTOSH KUMAR S/O LATE BAIDYANATH RAM R/O VILL.- SIMRA, P.O. LAL SAHPUR, P.S.- SADAR, DISTT.- DARBHANGA 2. SARITA DEVI W/O LATE LAKHAN PRASAD GUPTA R/O VILL.- BALAGHAT, P.S., DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, DARBHANGA-CUM- CHAIRMAN DISTRICT COMPASSIONATE COMMITTEE, DARBHANGA 4. THE DISTRICT EDUCATION OFFICER DARBHANGA ----------- For the Petitioner :- Mr. Tej Bahadur Singh, Sr. Advocate For the State :- M/S. M. Nasrul Hoda Khan, S.C. XVIII & Babita Kumar, A.C. to S.C. XVIII ----- 2 04/01/2011 Having heard learned counsel for the petitioners and learned counsel for the State, the Court is of the opinion that no case is made out for giving a direction to the respondents for upgrading the post of the petitioners when they were appointed with the required qualification and eligibility in compassionate category at the relevant time. In absence of any such rules, petitioners do not have a case. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)