IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2967 of 2009 RAMA RAMAN MISHRA, S/O LATE YOGENDRA MISHRA, RESIDENT OF VILLAGE-+P.O.+P.S.-SAHAR, DISTRICT- BHOJPUR, ARA ...................... PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT COMPASSIONATE COMMITTEE, THOURHG ITS CHAIRMAN DISTRICT MAGISTRATE, BHOPUR, ARA. 5. THE DISTRICT EDUCATION OFFICER, BHOJPUR, ARA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHOJPUR, ARA. ............. RESPONDENTS. ----------- 02/ 05.03.2009 Heard counsel for the petitioner and the State. In the opinion of this Court if there is a policy of the Government for making appointment on compassionate ground and if the petitioner qualifies for such appointment, the same should have been made to subserve the purpose of such compassionate appointment. This Court would find that the father of the petitioner died on 17.05.2005 and an application for compassionate appointment was filed by the petitioner in the month of July, 2005. Thereafter the District Compassionate Appointment Committee on 12.9.2006 had also recommended for appointment of the petitioner on any post commensurate to his qualification. That being so, the authorities should have decided the - 2 - matter by issuing a letter of appointment of the petitioner on any post which was lying vacant. That having been not done the petitioner is before this Court. This Court, therefore, must direct the District Superintendent of Education, Bhojpur to take a final decision with regard to appointment of the petitioner pursuant to the recommendation of the District Compassionate Appointment Committee and issue an order of appointment of the petitioner if there is nothing adverse to deny him such appointment. In the event, the District Superintendent of Education would find that such appointment, in any event, cannot be given, he would be under obligation to disclose reasons for the same. This Court would accordingly direct the District Superintendent of Education, Bhojpur to pass an appropriate order and take consequential action within a period of four months from the date of receipt/production of a copy of this order. It is made clear that this Court has neither adjudicated the merits of claim of the petitioner nor this Court has held the petitioner entitled for a particular post. This Court expects the authorities to only take a decision in pursuance of the earlier decision of the District Compassionate Appointment Committee which is the competent authority constituted by the State Government. This application is, accordingly, disposed of with the aforementioned observations and directions. S.Sb/- (Mihir Kumar Jha, J.)