IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10915 of 2008 SMT.GEETA DEVI, wife of late Ashok Kumar-I, resident of Mohalla Arya Kumar Road, Machhua Toli, P.S. Kadamkuan, Distric Patna, at present residing at Rampur Basti, Bajar Samiti, near Dr. R.C.Ram’s Clinic, P.S. Sultanganj, Mahendru, District Patna … Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner, Patna Division, Patna 3. The Collector cum Chairman, Zila Astariya Anukampa Niyukti Samiti, patna 4. The Superintendent, Nalanda Medical College and Hospital, Patna 5. The Deputy Collector, Establishment, Patna … Respondents ----------- 2. 4.5.2011 Heard counsel for the petitioner and the counsel for the State. The petitioner is aggrieved by an order rejecting her application for appointment on compassionate ground. Counsel for the petitioner would submit that the impugned order dated 7.9.2002 rejecting the claim of appointment of the petitioner on compassionate ground on the basis that she did not possess requisite qualification for being appointed on Class IV post cannot be sustained in law, inasmuch as there was a power of relaxation vested in the appointing authority in the circular dated 30.11.1984 and as such, the consequential decision taken for rejecting the case of the petitioner is contrary to 2 the Government decision. Though in this case no counter affidavit has been filed but the learned counsel for the State would submit that the reason given in the impugned order is in consonance with the Government policy of compassionate appointment contained in the circular dated 5.10.1991, inasmuch as for appointment on Class IV post a person has to be qualified by having passed Class VIII examination. He would further point out that the circular dated 30.11.1984 no longer holds field in the matter of compassionate appointment, inasmuch as the subsequent Government policy notified by the circular dated 5.10.1991 has superceded all such earlier circulars on the subject. In the considered opinion of this Court the submission of the learned counsel for the State has to be accepted and the impugned order has to be upheld, inasmuch as the Government policy notified in the circular dated 5.10.1991 in its clause 2 specifically prohibits appointment on compassionate ground of a person who does not possess requisite qualification. There 3 is no dispute that for appointment on Class IV post in the Government the minimum educational qualification prescribed is of having passed Class VIII examination. From the circular dated 5.10.1991 it is also clear that the only relaxation in the case of female candidate is with regard to her capability of riding cycle. In that view of the matter, the petitioner cannot rely on the circular dated 30.11.1984 which as noted above had already been superceded by the subsequent circular dated 5.10.1991. That being so, there is no merit in this application and the same is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/