IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2177 of 2007 Sunil Prasad Ranjan, son of Late Ghuran Ram, resident of Muth Laxmanpur Koiri Tola near Devi Asthan Naharpar, P.S. Alamganj, Dist. Patna. -------- Petitioner Versus 1. The State of Bihar. 2. Director-in-Chief, Health Services, Bihar, Patna. 3. The District Magistrate-cum-Chairman, District Level Compassionate Committee, Patna. 4. The Superintendent, Patna Medical College Hospital, Patna. 5. Deputy Secretary, Health Services, Bihar, Patna. 6. District Superintendent of Education, Patna. -------- Respondents ----------- 2 01.8.2011 Having heard learned counsel for the parties, this Court would find that there is no Government decision which prohibits appointment of a person on compassionate ground if he has acquired qualification of having passed Class-8 from a private school. The Government, in fact, while prescribing qualification for the post of Class-IV employees and prescribing the candidates to have passed Class-8 examination, have nowhere specified the nature of the school from which such qualification has to be obtained much less defining qualification of the Government school alone to be essential for such appointment on Class-IV post. In that view of the matter, once the 2 District Superintendent of Education, Patna in response to the query made by the Superintendent of Patna Medical College & Hospital, had reported that the petitioner had passed Class-8 examination from Adarsh Shiksha Niketan Vidyalaya, Karbighayan, Patna, that should have been the end of the matter, inasmuch as, the petitioner was dully qualified for holding Class-IV post. The superfluous comment of the District Superintendent of Education, Patna that such school was not a Government school was neither the line of query nor should have been acted upon by the Superintendent of Patna Medical College and Hospital in absence of any Government Rule/Circular prescribing passing of Class-8 examination from a Government school. That being so, this Court would find the impugned order contained in Annexure-1 to be wholly indefensible, specially when in the counter affidavit also, only this plea of the school, in question, of the petitioner of being not a recognized Government school, has been made ground for justification of the impugned order. In the result, this application is 3 allowed. Annexure-1 is hereby quashed and the petitioner is directed to be reinstated in service with consequential benefit. Rsh (Mihir Kumar Jha, J.)