IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20646 of 2011 1. Kunj Behari Rai Son Of Late Ram Babu Rai Resident Of Village-Jawaharpur, P.O. Dalsinghsarai, District-Samastipur. Versus 1. The State Of Bihar Through The Principal Secretary, Co- Operative Socieities Department, New Secretariat, Patna. 2. The Principal Secretary, Co-Operative Societies Department, New Secretariat, Patna. 3. The Registrar, Bihar State Co-Operative Societies, New Secretariat, Patna. 4. The District Registrar, Co-Operative Societies, Samastipur. 5. The Assistant Registrar, Co-Operative Societies, Dalsinghsarai Circle, Dalsinghsarai. 6. The District Magistrate-Cum-District Compassionate Appointment Committee, Samastipur. ---------------------------------- 2. 16.12.2011 Heard learned Counsel for the petitioner and the State. The petitioner applied for compassionate appointment on the death of his father. It was rejected on 8.5.2006 on the ground that he was Class VII pass while the minimum requirement was Class VII pass. The petitioner submitted a fresh Class VIII pass certificate. He came to this Court also for direction to consider his case. The respondents on 20.4.2010 rejected his claim opining that Class VIII certificate was doubtful and if he was possessed of the same originally he should have submitted the same rather than Class VII certificate. In CWJC No. 8917 of 2010 the Court observed that the authenticity of the Class VIII certificate was a factual matter for the respondents to consider. Learned Counsel for the petitioner submits that the District Compassionate Appointment Committee after examination of documents has recommended his case for appointment on Class IV post. The observations therein that the Registrar of Cooperative 2 Societies may examine his certificate again shall expose him to unnecessary harassment. No useful purpose is going to be served by asking for a counter affidavit as the learned Counsel for the State has rightly urged that this Court in CWJC No. 8917 of 2010 had left the issue of factual verification of Class VIII certificate open for scrutiny observing:- “The genuineness of the certificate is a matter for factual verification by the authorities from the institution or authority from whom the petitioner professes to have obtained the Class Viii certificate. The order dated 20.4.2010 is set aside and the matter is remanded to the Registrar, Cooperative Societies, Bihar for fresh consideration in light of the aforesaid discussion.” It is manifest that this Court on the earlier occasion had permitted the Registrar of Cooperative Societies to factually verify the petitioner’s Class VIII certificate. Let the Registrar of Cooperative Societies now take a final decision on the recommendation for compassionate appointment in accordance with law within a maximum period of eight weeks from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)