IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6297 of 2005 1. RAJIV RANJAN KUMAR son of late Sukh Narayan Mistri, resident of village Mobarakpur, P.S. Islampur, District Nalanda, Bihar 2. Ajit Kumar, son of late Mahendra Prasad Singh, resident of village Govind Chak, P.S. Sonepur, District Saran, Bihar 3. Kaushal Kumar, son of late Haridwar Sharma, resident of village Mustafapur, P.S. Dhanarua, District Patna, Bihar 4. Nalini Kumar son of late Surendra Ram, resident of Mohalla Yarpur, Yogia Tola, P.S. Gardanibagh, District Patna, Bihar 5. Md. Misbahul Haque, son of late Aftab Ahmad, resident of Mohalla Moghalpura, Sui Ki Masjid, P.S. Khajekalan, District Patna, Bihar … Petitioners Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. Director, Primary Education, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 5. Regional Deputy Director of Education, Patna Division, Patna 6. District Compassionate Committee, Patna through the Chairman cum District Magistrate, District Compassionate Committee, Patna 7. District Education Officer, Patna 8. District Superintendent of Education, Patna District, Patna … Respondents with CWJC No.7834 of 2005 UDAY KUMAR SAH, son of late Ramchandra Sah, resident of village Purandaha, P.S. Sonbarsha, District Sitamarhi … Petitioner Versus 1. THE STATE OF BIHAR 2. District Magistrate, Sitamarhi 3. District Superintendent of Education, Sitamarhi … Respondents 2 with CWJC No.8491 of 2005 SUDHIR KUMAR, son of late Kameshwar Paswan, resident of village Bairiya, P.S. Gaurichak, District Patna … Petitioner Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. Director, Primary Education, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 5. Regional Deputy Director of Education, Patna Division, Patna 6. District Compassionate Committee, Patna through the Chairman cum District Magistrate, District Compassionate Committee, Patna 7. District Education Officer, Patna 8. District Superintendent of Education, Patna District, Patna … Respondents with CWJC No.5991 of 2005 1. RAJIV KUMAR, son of late Krishnadeo Prasad, resident of village/ Mohalla East Lohanipur, P.S. Kadamkuan, District Patna 2. Sanjeev Kumar, son of late Vinay Prasad, resident of Kachi Ghat, P.S. Chowk, District Patna … Petitioners Versus 1. THE STATE OF BIHAR, through the Commissioner cum Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. Director, Primary Education, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 5. Regional Deputy Director of Education, Patna Division, Patna 3 6. District Compassionate Committee, Patna through the Chairman cum District Magistrate, District Compassionate Committee, Patna 7. District Education Officer, Patna 8. District Superintendent of Education, Patna District, Patna … Respondents with CWJC No.7254 of 2005 AKHILESH KUMAR SINHA, , aged about 26 years, son of late Gayatri Prasad, resident of village Nandanpura, P.S. Makhdumpur, District Jehanabad (Bihar) … Petitioner Versus 1. THE STATE OF BIHAR, through the Commissioner cum Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. Director, Primary Education, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 5. Regional Deputy Director of Education, Patna Division, Patna 6. District Compassionate Committee, Patna through the Chairman cum District Magistrate, District Compassionate Committee, Patna 7. District Education Officer, Patna 8. District Superintendent of Education, Patna District, Patna … Respondents with CWJC No.8996 of 2005 MANISH PAL SINGH, son of Devendra Pal Singh, resident of Mohalla Lamejar Lane, Gudri Bajar, P.S. Khajekalan, District Patna … Petitioner Versus 1. THE STATE OF BIHAR 2. District Magistrate cum Collector, Patna 3. District Superintendent of Education, Patna … Respondents with CWJC No.7361 of 2005 RAJNISH KUMAR SINGH, son of Radhe Saran Singh, resident of village Chandu Bigha, P.O. Asadhi, P.S. Hilsa, District Nalanda … Petitioner Versus 4 1. THE STATE OF BIHAR, through the Commissioner cum Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. Director, Primary Education, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 5. Regional Deputy Director of Education, Patna Division, Patna 6. District Compassionate Committee, Patna through the Chairman cum District Magistrate, District Compassionate Committee, Patna 7. District Education Officer, Patna 8. District Superintendent of Education, Patna District, Patna … Respondents with CWJC No.9456 of 2005 AWADHESH KUMAR, son of Sri Durga Prasad, resident of Maurya Bihar Colony Transport Nagar, Kumhrar, P.S. Agamkuan, District Patna … Petitioner Versus 1. THE STATE OF BIHAR, through the Commissioner cum Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. Director, Primary Education, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 5. Regional Deputy Director of Education, Patna Division, Patna 6. District Compassionate Committee, Patna through the Chairman cum District Magistrate, District Compassionate Committee, Patna 7. District Education Officer, Patna 8. District Superintendent of Education, Patna District, Patna … Respondents with 5 CWJC No.5997 of 2005 1. SWATI PRASAD, daughter of Roy Samrendra, resident of Anandpuri, P.S. Krishnapuri, District Patna 2. Dhiraj Kumar, son of late Bansidhar Prasad, resident of Sadar Bazar, P.S. Jagdishpur, District Bhojpur 3. Sudhir Kumar, son of late Nawal Kishore Prasad, resident of village Shahpur, P.S. Nagarnausa, District Nalanda 4. Premchandra, son of Sri Ram Ratan Prasad Singh, resident of Simra Kothi, Bhanwar Pokhar, P.S. Pirbahore, District Patna 5. Santosh Kumar, son of late Arjun Singh, resident of village Gulalchak, P.S. Dulhin Bazar, District Patna 6. Rajesh Kumar, son of late Dhurkhali Paswan, resident of village Lathar, P.S. Ranitalab, District Patna 7. Ashok Kumar, son of late Ram Briksh Prasad Singh, resident of village Jaganpura, P.S. Gaurichak, District Patna 8. Thakur Raj Kumar Singh, son of late Tileshwar Singh, resident of Bihari Bigha, P.S. Pandarak, District Patna 9. Mritunjay Kumar, son of late Dhirendra Kumar, resident of Mohangupur Chiraura, P.S. Naubatpur, District Patna 10. Akhilesh Kumar, son of late Haribansh Pandit, resident of Badipur Chiraura, P.S. Naubatpur, District Patna 11. Subhash Prasad, son of late Rajendra Prasad, resident of village Milki, P.S. Paliganj, District Patna 12. Diwakar Kumar, son of late Sailendra Prasad Singh, resident of village Nadama, P.S. Barh, District Patna 13. Niraj Kumar, son of late Badri Prasad, resident of village Gobindpur, P.S. Fatuha, District Patna 14. Ajit Kumar Pandey, son of late Umeshwar Pandey, resident of Manpura New Colony, Ward No.7, P.S. Danapur, District Patna … Petitioners Versus 1. THE STATE OF BIHAR, through the Commissioner cum Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 6 3. Director, Primary Education, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 5. District Compassionate Committee, Patna through the Chairman cum District Magistrate, District Compassionate Committee, Patna 6. District Superintendent of Education, Patna District, Patna … Respondents with CWJC No.10656 of 2005 1. VINAY KUMAR SINGH, son of late Rameshwar Singh Yadav, resident of village Sarfuddinpur, P.S. Dulhin Bazar, District Patna 2. Rishi Kumar, son of late Shiv Sao, resident of village Kaharitola, P.S. Maner, District Patna 3. Sadri Narayan Ojha, son of late Dharmendra Deo Ojha, resident of village Pattona, P.S. Paliganj, District Patna 4. Most. Lalita Devi, wife of late Om Prakash Choudhary, resident of village Kesharpur, Jamkhari, P.S. Digha, District Patna … Petitioners Versus 1. THE STATE OF BIHAR, through the Commissioner cum Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 2. The Commissioner cum Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. Director, Primary Education, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 4. Deputy Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Patna 5. District Compassionate Committee, Patna through the Chairman cum District Magistrate, District Compassionate Committee, Patna 6. District Superintendent of Education, Patna District, Patna … Respondents ----------- 5. 29.3.2011 All these writ applications in fact 7 were taken together earlier for hearing on 19.5.2008 when a Bench of this Court had passed the following order: “ A Bench of this Court directed appointment on compassionate grounds as an Assistant Teacher based on the recommendation of the District Compassionate Appointment Committee. The matter traveled in LPA No. 697 of 2005 at the behest of the State. The order of the writ Court was set aside when directions were issued to consider them for appointment on appropriate post. The petitioners in the writ application carried the matter in the Apex Court in SLP(Civil) No. 2451 of 2006. The Special Leave Petition came to dismissed as withdrawn on 2.2.2007. Learned counsel Shri Banwari Sharma appearing on behalf of the petitioners submits that in the meantime the State has come out with a new policy decision on 1.7.2006 with regard to appointment 8 on compassionate grounds of Assistant Teacher which did not fall for consideration either in the earlier writ petition or before the LPA Bench. He therefore prays for adjournment to file an appropriate affidavit bringing on record the said policy decision. This Court expects the State counsel also to seek appropriate instruction on this aspect so that the writ petitions can be disposed off, if possible on the next date at the stage of admission.” Today Mr. Banwari Sharma, learned counsel appearing on behalf of the petitioners in most of the cases followed by Mr. Devendra Kumar Sinha, learned Senior counsel, had submitted that despite there being vacancies on Class III post/ on the post of teachers, the petitioners were appointed either as a clerk or on a Class IV post and therefore, this Court should direct the respondents to comply the recommendation of the District Education Establishment Committee in case of the petitioners. 9 As noted above, the issue as with regard to appointment against a particular post having been decided by the learned Single Judge when the matter traveled in appeal, the appellate court by an order dated 3.1.2006 in L.P.A.No. 697/2005 had set aside the order of the learned Single Judge directing the respondents to appoint the petitioners as per recommendation of the District Compassionate Appointment Committee. While doing so the Division Bench has taken into account the ratio laid down by the Apex Court in the case of State of Bihar & ors. vs. Samsuz Zoha etc., AIR 1996 SC 1961, wherein the law in this regard was laid down in the following words: “It is not in dispute that there is no right vested in the candidates for particular appointment on compassionate grounds. The State had taken policy decision to appoint all the candidates irrespective of the qualifications as Class IV post and, therefore, the committee consisting of the Secretary, Addl. Secretary and the 10 Registrar met and decided the principle that all the available posts in Class IV should be made available to the candidates in the awaiting list for appointment on compassionate grounds. 12 posts available in Class III were reserved for appointment by promotion to the Class IV candidates who were entitled thereto as per the rules. The principles adopted by the Government cannot be said to be unjustified or illegal. Undoubtedly some candidates had gone to the Court and obtained orders and in compliance thereof, at pain of contempt petition, the Government instead of appointing them to Class IV posts since by then the Class III posts were not available, upgraded Class IV posts as Class III post and confirmed them as Class III employees. That order which was wrongly made by the High Court cannot be a base to issue 11 directions. In other words, if the directions are complied with all the Class IV posts would be converted into Class III posts which is against the discipline of the service. The High Court, therefore, was not justified in issuing directions in all the cases for appointment to Class III post.” The Division Bench further noticed the earlier Division Bench judgment in the case of Rupendra Kumar Singh vs. The State of Bihar & ors., reported in 1999(1) PLJR 842, wherein it was held that the appointment on compassionate ground is not on merit and therefore, respective merits of the candidates are not supposed to be considered. Thus, in view of binding precedent learned counsel for the petitioners in fact could not persuade this Court to take a different view, especially when the aforementioned judgment of this Court dated 3.1.2006 in LPA No. 697/2005 has also acquired finality in view of dismissal of the Special Leave Petition No. 2451/2006 by 12 the Apex Court vide order dated 2.2.2007. The only other aspect to which the order of this Court dated 19.5.2008 in these batch cases has sought to dwell is coming of some new policy decision as on 1.7.2006 with regard to appointment on the post of teachers on compassionate ground. Counsel for the petitioners very fairly submitted that 2006 Rules or the Government instructions will not cover the case of the petitioners. Even otherwise this Court would find that the interpretation of 2006 Rules had fallen for consideration before the Full Bench of this Court in the case of State of Bihar & ors. vs. Rajeev Ran Vijay Kumar, reported in 2010(3) PLJR 294, where again this very question was decided that the recommendation of the District Compassionate Appointment Committee would not have a final say and the vacancies available would be the touch stone for offering appointment on compassionate ground. In that view of the matter, this Court would not like to go into the other question as to whether now vacancies are 13 available or vacancies were available at that point of time when the petitioners were given appointment on Class IV post or on the post of clerk contrary to the recommendation of the District Compassionate Appointment Committee, inasmuch as once the petitioners have been provided with alternative appointment they have to be satisfied with whatever was offered to and also accepted by them Compassion will also have a limit and therefore, in view of settled law that the persons seeking compassionate appointment will have no right to particular post, all these writ applications have to be dismissed. That being so, all these writ applications are devoid of any merit and are, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/