Md. Nazeer Khan v. The State Of Bihar And ORS
Patna High Court CWJC No.12171 of 2015 dt.04-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12171 of 2015 ===========================================================
1. Md. Nazeer Khan, Son of Late Md. Touqeer Khan, Resident of village- Lalpur, P.S.- Singheshwar, District- Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary, Department of Home, Government of Bihar, Patna
3. The District Magistrate-cum-Chairman, District Compassionate Committee, Madhepura
4. The Superintendent of Police, Madhepura
5. The Officer In-Charge Singeshwar Police Station, District- Madhepura
6. Bihar State Madarsa Education Board, Patna, 5, Vidyapati Marg Patna behind Patna Museum, through its Secretary
7. Secretary, Bihar State Madarsa Education Board, Patna, 5, Vidyapati Marg Patna behind Patna Museum, through its Secretary .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Binodanand Mishra For the Respondent/s : Mr. GP23- Anil Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 04-12-2015 Heard counsel for the petitioner. No counter affidavit has been filed on behalf of the State.
From the materials available on record including the notification contained in Annexure-10, it is evident that Wastania is treated as equivalent to 8th Class.
If this is so, the reason for rejection of the claim of the petitioner for compassionate appointment in terms of the decision contained in Annexure-7 dated 18.04.2015 is required to be quashed. Matter is remanded back to the District Compassionate
Patna High Court CWJC No.12171 of 2015 dt.04-12-2015 Appointment Committee, headed by the Chairman i.e. the District Magistrate, Madhepura to consider the claim of the petitioner afresh in the next meeting of the Compassionate Appointment Committee and communicate the outcome to the petitioner. Writ application is disposed of with the above direction. (Ajay Kumar Tripathi, J) Lata/- U