IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13928 of 2007 NASREEN KHATOON, W/O LATE NOOR MOHAMMAD, R/O HARNAHA TOLA, P.S. CHOUK PATNA CITY, DISTRICT-PATNA. ………………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY EDUCATION DEPARTMENT, PATNA, BIHAR. 2.DISTRICT EDUCATION OFFICER, EDUCATION DEPARTMENT SECRETARIATE, PATNA. 3.PRESIDENT, MUSLIM EDUCATIONAL AND SOCIAL WELFARE SOCIETY, LODIKATRA, PATNA CITY, DISTRICT-PATNA. 4.SECRETARY, MUSLIM EDUCATIONAL AND SOCIAL WELFARE SOCIETY, LOKIKATRA, PATNA CITY, DISTRICT-PATNA. 5.HEAD MISTRESS, SIR SAIYAD URDU GIRLS HIGH SCHOOL, PATNA CITY, DISTRICT-PATNA. ………………………RESPONDENTS. ----------- 02/ 08.04.2011 Heard Mr. Binod Kumar Sinha, learned counsel for the petitioner and counsel for the State. Admittedly in the earlier round of litigation this Court having held that the petitioner was not qualified for being appointed on compassionate ground on a class-IV post as she has not passed class- VIII examination had made the following observations and directions which reads as follows:- “Inasmuch as, the petitioner’s husband died on 6th March 2003 and inasmuch as the government policy permits making of an application for compassionate appointment within 5 years from 2 the date of the death, in the event the petitioner acquires the minimum educational qualification within 5th March, 2008 and make a further application for compassionate appointment by 5th March, 2008, such application shall be decided by the appropriate authority in accordance with law.” Whereas this Court had already issued a direction for considering the case of the petitioner, after she would pass class-VIII examination and there would be no question of issuing the same direction in the fresh writ application. It is however made clear that whatever has been said in this order will not stand in the way of the petitioner in moving before an appropriate forum for redressal of his claim. That being so, this application is wholly misconceived and is accordingly dismissed. Ranjan (Mihir Kumar Jha,J)