1 IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.5234 of 2008 RANI KUMARI, D/O LATE CHANDESHWAR PRASAD SINGH, R/O VILLAGE + POST- JOGIYARA, P.S BAHADURPUR, DISTRICT- DARBHANGA. ............PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2.DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3.THE INSPECTOR GENERAL OF POLICE, INCHARGE PERSONNEL, POLICE HEADQUARTER, BIHAR, PATNA. 4.THE SUPERINTENDENT OF POLICE, MUNGER. 5.THE DISTRICT MAGISTRATE, MUNGER. 6.THE DISTRICT MAGISTRATE CUM CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, MUNGER. 7.THE DEPUTY COLLECTOR, EST. MUNGER. 8.THE DISTRICT MAGISTRATE, DARBHANGA. ..............RESPONDENTS. ---------------- 02 26-04-2011 Having heard counsel for the parties and taking into account that the petitioners's case for appointment on child constable was wrongly rejected in the year 1999, vide order dated 28.12.1998 (Annexure-B) to the counter affidavit and the resultant communication dated 18.01.1999(Annexure- C), this Court will have no other option but to direct the respondents to now consider the case of the petitioner for her appointment on the post of child constable as envisaged in paragraph no. 8 of the police order no. 209 of 1988. From the reading of police order no. 209 of 1988, it becomes clear that the Government had made provision for appointment of the children of the member of the police force who had met their death either in exercise of their official duty or on account of natural death while continuing in service. The said police order therefore, having itself made a provision for appointment of minor 2 children in the age group of 12 to 18 years and making no distinction between the male child and female child and ought to have been also acted upon in the case of the petitioner, when she had filed an application for appointment on compassionate ground in the year 1998 (her date of birth being 15.01.1985). Had the petitioner been appointed as a child constable, she could have also continued in service up to 14.01.2004 i.e. up to attaining the age of 19 years, whereafter she could have become eligible for being considered for appointment on the post of constable subject to fulfilling the educational qualification and physical standards for the post of constable. In such a situation Director General cum Inspector General of Police, Government of Bihar is now directed to consider the case of the petitioner for her regular appointment on the post of constable and if the petitioner fulfills both the educational qualification as well as the physical standards, she may be appointed on the post of constable, provided that she is still unmarried and she will keep on supporting her dependent mother. Such exercise in this regard, with regard to the appointment of the petitioner in the manner indicated above must be completed within a period of six months and if her claim is rejected, respondents will be under an obligation to pass a reasoned order and communicate the same to the petitioner. 3 With the aforementioned observations and directions this application is disposed of. Ranjan (Mihir Kumar Jha , J)