Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16138 of 2025 ====================================================== Archana Kumari Wife of Late Ajit Kumar, Resident of village Ghatwari, Ward No. 11, P.S-Laraiyatand, District- Munger(Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Education, Govt. of Bihar, Patna.

3.

The District Compassionate Appointment Committee through its Chairmancum-District Magistrate, Munger. 4.

The District Magistrate. Munger.

5.

The District Education Officer, Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalan Kumar, Advocate For the Respondent/s :

Government Pleader (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondent authorities to appoint the petitioner on the post of Vidyalaya Sahayak or on appropriate post on compassionate ground in terms of advertisement contained in Memo No.2910 dated 07.07.2025 issued under the signature of District Education Officer, Munger.

(ii) For any other relief for which the petitioner is found entitled to.

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3. Learned counsel for the petitioner has taken the attention of this Court to Annexure-4 series of the writ application, which has been issued by the Office of District Education Officer (Establishment), Munger. This is the provisional merit list prepared by the office of District Education Officer (Establishment), Munger, in which the name of the petitioner appears at serial No. 47. From a perusal of the same, it appears that the petitioner was required to have submitted a character certificate and an affidavit with respect to the petitioner being an adult was also required. It is further submitted that the requirements, as shown in the said provisional list, have already been complied with on 31.07.2025. Despite compliance, the name of the petitioner has not appeared in the final merit list issued by the District Education Officer (Establishment), Munger, which is appended as Annexure-6 series to the writ application.

4. Learned counsel for the petitioner has further taken this Court to the letter dated 28.08.2020, which was issued to all the Regional Deputy Directors of Education with regard to furnishing information with respect to nonconsideration of the cases on compassionate ground. But, despite a representation in this case having been submitted by

3/4 the petitioner, no such information has been provided as to why the name of this petitioner has not been considered for candidature in the final merit list.

5. On the contrary, learned counsel for the State submits that though the reasons are not assigned for nonconsideration of the candidature of the petitioner, but if it is found that the petitioner is entitled to appointment on compassionate ground and his case falls within four corners of law, then necessary orders for appointment on compassionate ground would be passed.

6. Considering the stand of Respondent-State and materials available on record, this Court finds it proper to direct the Officer concerned, in view of directions already been issued by the Hon'ble Apex Court, that cases of compassionate appointment have to be taken up expeditiously and necessary orders have to be passed within a specified time frame.

7. Accordingly, the Respondent-State is directed to consider the case of the petitioner, and if he is found entitled for appointment on compassionate ground, the same shall be considered within a period of three months from the date of production/receipt of a copy of this order and necessary orders be issued forthwith.

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8. With the aforesaid observations and directions, this writ application stands disposed of.

(Ajit Kumar, J) shikha/- U