Upendra Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4636 of 2018 ====================================================== Upendra Rai Son of Late Nandu Rai, Resident of Village- Rasulpur, Police Station- Sahibganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

3.

The Additional Secretary to the Government, Department of Food and Consumer Protection, Government 4.

The District Magistrate, Muzaffarpur.

5.

The Sub Divisional Officer, Muzaffarpur West. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal- SC-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 24-06-2025

1. The writ petition has been filed challenging the rejection of the petitioner's application for compassionate appointment on the ground that the petitioner does not possess the qualification of matriculation.

2. The learned Senior Counsel, Shri Anand Kumar Ojha, brought to the notice of this Court that in the case of Rajnish Paswan Vs. State of Bihar passed in CWJC No. 747 of 2018, the authorities considered a compassionate appointment even though the applicant did not

Patna High Court CWJC No.4636 of 2018(3) dt.24-06-2025 2/2 possess a matriculation certificate at the time of making his representation. It is submitted that the same principle may be applied in the petitioner's case.

3. In light of the above, the petitioner is granted liberty to approach the District Magistrate, Muzaffarpur, by submitting an appropriate application drawing attention to the case of Rajnish Paswan Vs. State of Bihar passed in CWjC No. 747 of 2018 along with all relevant documents, including educational qualification certificates. In turn, the District Magistrate, Muzaffarpur, shall consider the petitioner's representation on merits and shall pass an appropriate order within a period of two months from the date of receipt of this order.

4. With the aforesaid observations, the writ petition stands disposed of.

(G. Anupama Chakravarthy, J) Manish/- U