IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12785 of 2010 1. MUSHARRAF HUSSAIN S/O LATE SARFARAZ HUSSAIN R/O NEW D TYPE-54, P.S.PUSA, DISTT-SAMASTIPUR Versus 1. THE VICE-CHANCELLOR RAJENDRA AGRICULTURE UNIVERSITY PUSA (BIHAR) SAMASTIPUR 2. THE REGISTRAR, RAJENDRA AGRICULTURE UNIVERSITY PUSA , SAMASTIPUR 3. THE DIRECTOR ADMINISTRATION , RAJENDRA AGRICULTURE UNIVERSITY PUSA, SAMASTIPUR ----------- 2 3.9.2010 Petitioner’s father was a Senior Assistant in Rajendra Agriculture University, Pusa. Upon his death, the petitioner was granted compassionate appointment and absorbed as a Lab Assistant. During life time of petitioner’s father he was allotted a particular quarter to which he was entitled . Upon being appointed on compassionate ground, petitioner continued to occupy the said quarter. He has now been asked to vacate the same within fifteen days. That is the order under challenge. The petitioner has challenged the same on two primary grounds; firstly, while there are several employees, who are named in the writ petition, who upon being appointed on compassionate ground are allowed to retain the accommodation, which was occupied by erstwhile employees, petitioner being asked to vacate the premises which is a discrimination in a hostile manner and secondly the challenge is that as per his status, he is entitled to the said accommodation and as such he should not be asked to vacate. Having considered the matter, in my view, the University authority has to reconsider the matter on a bigger 2 space. The Building Committee or the Officer Incharge of such allocation has to act in a non discriminatory manner. Firstly the person, who by his status is not entitled to a accommodation or a particular class of accommodation, all such persons have to vacate the premises, secondly, in matter of allotment of premises, seniority and the standing of waiting list has to be taken into account. There has to be a conscious policy decision and not in individual fancy or capricious manner. The action must be non arbitrary and should be predictable as well as transparent. These are the facets of Article 14 of the Constitution which apply in these matters. I therefore would direct the Director Administration of Rajendra Agriculture University, Pusa, District- Samastipur to re-consider the matter on the line, as indicated above in consultation with Housing Allotment Committee, if any, at the earliest. Needles to mention that neither the petitioner nor of his likes as a matter of right to continue in accommodation because that was allotted to erstwhile employee, unless they are otherwise legally entitled. The decision must be taken within a period of one month from today. Till such decision is taken, the order of vacating the premises may not be given effect to. With the aforesaid observations and directions, the writ petition stands disposed of. singh ( Navaniti Prasad Singh, J.)