IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5389 of 2009 TANUJA DEVI Versus THE UNION OF INDIA & ORS ----------- 02 28.04.2009 Heard learned counsel for the petitioner and learned counsel for the Union of India. The petitioner is aggrieved by the denial of compassionate appointment to her after her husband was deceased in harness. The submission is that compassionate appointment has its own connotation and the petitioner cannot be subjected to any procedure of selection as that vitiates the very idea of compassionate appointment. Compassionate appointment is an exception and makes an inroad to the equal opportunity clause under Articles 14 & 16 of the Constitution of India. This Court finds no error in the conduct of the respondents that in consideration for compassionate appointment, they still wanted persons, who are useful to do the job rather than a burden to be borne, to be assessed by comparative merit of persons in the same class. The petitioner participated in the selection process for compassionate appointment, and 2 has been declared unsuccessful. Only after she has been unsuccessful in the test she now assails the condition under which she was required to appear for the post. This is not permissible. On both counts, this Court find no infirmity, whether it be a selection process adopted by the respondents for compassionate appointment and that the petitioner cannot be permitted to assail the conditions for appointment after having been unsuccessful. This Court finds no merit in this writ application. It is, accordingly, dismissed. Mkr. (Navin Sinha, J.)