IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6592 of 2006 UMA SHANKAR SINGH, son of late Rajendra Singh resident of village Khairahain, P.O.Daleeppur P.S. Dhangai, Dist. Bhojpur(Ara)---petitioner Versus 1.THE STATE OF BIHAR 2.The District Magistrate-cum-Chairman of District Compassionate Committee, Rohtas (Sasaram) 3.The Establishment Additional District Magistrate-cum-Secretary of District Compassionate Committee, Rohtas(Sasaram) 4.The Chief Engineer (Mechanical) Mechanical- Sub-Division, Road Construction Department Bihar, Patna 5.The Superintending Engineer(Mech.)Mechanical Zone National High Way, Patna 6.The Executive Engineer, Road Construction Division, Dehri, Rohtas 7.The District Education Officer, Bhojpur ---respondents ----------- For the petitioner :M/S Mahendra Pathak Maya Shankar Mishra For the State :Mr.Vinay Kumar,A.C. to G.P.V ---- 2. 27.2.2009 Heard learned counsels for the parties. The petitioner prays for quashing of the order dated 25.8.2005, so far it relates to the petitioner, passed by the District Magistrate, Rohtas (Sasaram), by which he has rejected the application of the petitioner for appointment on compassionate ground on Class IV post. The case of the petitioner is that his father, who was functioning as Dozer operator under the State Government in the National Highway (Mechanical) Department, died on 19.3.1997 while 2 he was in service. The petitioner being the eldest son among five sons and one daughter, applied for compassionate appointment in the prescribed form which was duly forwarded by the letter of the Superintending Engineer(Mechanical) on 27.6.1998 to the District Magistrate-cum- Chairman of District Compassionate Committee. The application of the petitioner was rejected by the District Compassionate Committee in its meeting held on 30.11.99/8.12.99 on the ground that as per the educational qualification submitted by the petitioner he was only Class V pass. Thereafter the petitioner submitted another certificate of the year 1984( the earlier certificate of Class V pass being of 1981) which shows that he had passed Class IX. Again the matter of the petitioner was considered by the District Compassionate Committee on 21.10.2000 and rejected on the same ground of his being Class V pass. The reason given by the petitioner in his explanation for obtaining Class IX passed certificate within three years from passing Class V was not considered by the District Compassionate Committee. The petitioner was ultimately compelled to move before this Court by 3 filing C.W.J.C.No.8736 of 2004 and by order dated 1.2.2005 this Court directed the respondents to decide the claim of the petitioner for compassionate appointment in accordance with law. Thereafter by the impugned order dated 25.8.2005 the District Magistrate, Rohtas (Sasaram) has rejected the claim of the petitioner. Learned counsel for the petitioner submits that the reasons for rejection mentioned in the order dated 25.8.2005 of the District Magistrate, which is based upon the recommendation of the District Compassionate Committee at its meeting held on 31.5.2005 is nonest and illegal. The impugned order shows that as the petitioner has passed Class V in the year 1981 he could not have passed Class IX in the year 1984 within the period of three years. The petitioner in his representation had clearly stated that after passing Class V his education had become discontinued as he fell ill and became unable to attend the classes at school but inspite of illness he continued his studies at home and after recovery from his illness he was admitted in Class IX in D.N.High School, Kahathu Masurhi (Bhojpur) and subsequently he passed Class IX 4 and, accordingly, the certificate of Class IX pass had been produced before the authorities. It is submitted by the learned counsel that the genuineness of the certificate itself is not in dispute, rather the same has been verified and the matter was reported by the District Education Officer, Bhojpur by his letter dated 4.2.2003 (Annexure-9) and by the Chief Engineer (Mechanical Division), Road Construction Department, Bihar, on the basis of the information received from the Headmaster of the concerned school, who clearly stated that the said certificate has been issued on the basis of the register maintained in the school and the same was found genuine. The aforesaid being the position the conclusion that the petitioner has passed Class V whereas the minimum educational qualification required for Class IV Government job in the State Government is Class VIII pass, for the reasons given in the minutes of the District Compassionate Committee meeting dated 31.5.2005, as communicated by the District Magistrate, Rohtas (Sasaram) by the impugned Memo dated 25.8.2005, appears to be highly illogical as a 5 person, who has passed Class IX would be deemed to have cleared the lower classes irrespective of the fact whether he had passed each and every lower class or not. If a person possesses higher qualification than the required Class VIII pass, he is eligible for appointment on Class IV post in the State Government on the basis of such higher qualification. In the light of the above discussions, the writ application is allowed. The proceedings of the District Compassionate Committee, Rohtas (Sasaram) dated 31.5.2005 as communicated in the Memo No. 21 dated 25.8.2005 under the signature of the District Magistrate, Rohtas, is quashed and the matter is remitted to the respondent authorities to reconsider the case of the petitioner in accordance with law and in the light of the observations made in this order. The said decision must be taken within a period of two months from the date of receipt/production of a copy of this order. (Ramesh Kumar Datta,J.) spal/ 6