IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9255 of 2001 JITENDRA KUMAR Versus THE STATE OF BIHAR & ORS For the petitioner :Mr.Phulen Yadav For the State :Mr.Sunil Kumar Mandal, SC 15 & :Mr.Bipin Kumar, JC to SC 15 ----------- 7. 17.09.2008 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 30.5.2001 at Annexure-10, terminating his appointment on the ground that he was appointed by an authority incompetent to do so and that reservation policy was not followed at the time of appointment. It is the case of the petitioner that under a policy dated 14.5.1979, bearing memo no.1231 of the Department of Education, the petitioner came to be appointed on compassionate ground on the post of Peon after the demise of his father who was working as Chaukidar, under an order dated 21.12.1979. Learned counsel for the petitioner sought to persuade this Court that the Principal of the school in question was competent to appoint the petitioner under Article 128 of the Bihar Education Code and, therefore, the ground urged for termination was not inconsonance with law and that matters of roster clearance was within the domain of the respondents with which the petitioner had no concern. This application was directed to be listed after disposal of LPA No.780 of 2002. The latter has now been disposed off on 11.1.2007 along with LPA No.798 of 2005 and analogous cases. The - 2 - matter has been referred by this Court to a Three-man Committee for examination and appropriate decision in accordance with law in terms of the direction contained at page 8 of the judgment. This writ application is, therefore, disposed with directions to the Committee constituted in terms of the order of the Letters Patent Appellate Bench to examine the decision of the authority competent to appoint the petitioner and arrive at a fresh decision with regard to the impugned order dated 13.5.2001, in accordance with law after grant of due opportunity to the petitioner. Let such a decision be taken by the Committee within a maximum period of three months from the date of receipt/production of a copy of this order. The impugned order dated 13.5.2001 is accordingly set aside for that limited purpose and shall abide by the fresh decision to be taken by the Committee. HR ( Navin Sinha )