PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 12:

Heard Mr. Deepak Kumar Sinha, learned counsel for the appellants/writ petitioners and Mr. S. Raza Ahmad, learned senior counsel for the respondents.

2. The present intra court appeal has been filed challenging the judgment dated 12.01.2022, passed by a learned Single Judge of this Court, in C.W.J.C. No.8493 of 2021, whereby the learned Single Judge while dismissing the writ petition, held that the appellant No.1 is ineligible for appointment on compassionate ground.

3. As per the facts on record, the father of the appellant died on 19.12.2014. Appellant No.1 applied for appointment on compassionate grounds after the death of his father. The application was rejected by the DM-cum-Chairman, District Level Compassionate Committee, Patna, in the meeting dated 27.07.2016, on the ground that the appellant had passed the Matriculation Examination from Hindi Vidyapeeth, Deoghar which is a non-recognised institution as per the State Government Policy. Further, a letter was issued on 02.09.2016 under the signature of the Executive Engineer, Public Health Pramandal, Patna West, whereby the rejection of the application was communicated to the appellant. Subsequently, appellant passed the Matriculation Examination from Bihar Open School Education and Examination Board on 20.09.2019 and again applied for appointment on compassionate ground, which was again rejected vide letter dated 02.02.2021, issued under the signature of Establishment Deputy Collector, Patna, on the ground that the earlier claim was rejected, and no review of such claim is possible.

4. The learned Single Judge held that the compassionate appointment is not a fundamental right and it is only in the interest of meeting harness in the family, and dismissed the writ petition.

5. Learned counsel for the appellants submitted that the order dated 02.02.2021, vide memo No.17, issued by the Establishment, Deputy Collector, is bad in law, and the appellant obtained the requisite qualification after his first application was rejected by the concerned authorities. The appellant had obtained the requisite qualification and again represented his application with the valid matriculation certificate on 20.11.2019, i.e., within five years of the death of his father.

6. Learned counsel for the respondents submitted that the learned Single Judge had rightly dismissed the writ petition, and the judgment of the learned Single Judge requires no interference.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyM2NyMyMDIyIzEjTg==-dz1wz--ak1--vg7wQ=

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