IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1189 of 2006 RABINDRA KUMAR SINGH, son of late Ram Shubhag Singh, resident of village Barap, Post Bagawan, P.S. Agiaon (Garhani), District Bhojpur, Ara … Petitioner Versus 1. MAGADH UNIVERSITY through its Vice Chancellor, Magadh University, Bodh Gaya 2. Vice Chancellor, Magadh University, Bodh Gaya 3. The Registrar, Magadh University, Bodh Gaya 4. The Principal College of Commerce, Patna … Respondents ----------- 3. 31.3.2011 Heard counsel for the petitioner and the counsel for Magadh University. Admittedly the application filed by the petitioner after the death of his father on 30.8.2002 vide Annexure 2 to the writ application dated 15.10.2002 has not been disposed of by the respondent University. A counter affidavit has been filed on behalf of the University stating therein that the College wherein the father of the petitioner was working has not forwarded the application of the petitioner till date and the reason for the same is some sort of dispute among the dependents of the deceased employee. Counsel for the petitioner, on the other hand, has pointed out that the father of the petitioner had only three dependents 2 after marriage of only sister of the petitioner, namely, wife and two sons including the petitioner and the wife of the deceased employee has already died which would leave now only the petitioner and his younger brother Rajendra Singh for claiming appointment on compassionate ground. He has pointed out that Rajendra Singh has sworn an affidavit on 11.10.2002 that he will have no objection to the appointment of the petitioner on compassionate ground if all other post retirement benefit arising out of the death of his father is paid to him. It is really unfortunate to note that even when this writ application was filed on 27.1.2006 no counter affidavit has been filed for a period over five years and now when a counter affidavit has been filed it is only by way of formality. The counter affidavit filed by the University in fact to say the least is not only cryptic but also vague. Be that as it may, this Court would direct the Principal of the Commerce College, Patna to immediately examine the case of the petitioner and if it is found 3 that any application filed by the petitioner is pending in the College, the same after being scrutinized and examined be forwarded with appropriate comment to the Registrar of the University within a period of six weeks from the date of receipt/ production of a copy of this order. If the Principal of the College would find that there is any dispute in the claim of compassionate appointment amongst the dependent family members of the deceased employee, he would indicate the same in his recommendation but in no event he should delay any longer in forwarding the case of the petitioner to the Registrar of the University. The Registrar of the University also is directed to ensure that as soon as he would receive recommendation of the Principal of the College, he would, after obtaining orders of the Vice Chancellor of the University, take a final decision and communicate the same to the petitioner. Such exercise on the part of the Registrar, Vice Chancellor and the University must be completed within a period of three months from the date of receipt of the 4 recommendation by the Principal of the Commerce College. Let it be made clear that this Court has not gone into the merits of the claim of the petitioner and it is for the authorities of the College and the University to take a final decision in the matter of compassionate appointment strictly as per policy decision of the University and of course in accordance with law. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/