Shivam Bharadwaj Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Shivam Bharadwaj Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with directions: petitioner granted liberty to file a fresh representation with documents before the Vice Chancellor, Veer Kunwar Singh University, Ara within four weeks; respondent no.3 to forward it to the Compassionate Appointment Committee, which shall pass a reasoned and speaking order within ten weeks considering the order passed in C.W.J.C. No.16054 of 2008 dated 25.08.2014.

Issue for consideration

Whether the petitioner, compassionately appointed on a Class-IV post, should have his appointment rectified to a Class-III post on parity with others (including allegedly less qualified or discriminately appointed persons) placed on Class-III posts. +1 more

Court's answer

Liberty is granted to the petitioner to approach the Vice Chancellor, Veer Kunwar Singh University, Ara (respondent no.3) within four weeks by filing a fresh representation enclosing all documents in support of his grievance.

Ratio / Principle

If such representation is filed, respondent no.3 is well advised to send it to the Compassionate Appointment Committee, which is to consider the same and pass a reasoned and speaking order within ten weeks, taking into account the order passed in C.W.J.C. No.16054 of 2008 dated 25.08.2014; with these directions the writ application stands disposed of without adjudication on merits.

Detailed headnote1 paragraphs

Compassionate appointment - petitioner (Shivam Bharadwaj) appointed on Class-IV post seeks rectification to Class-III post alleging that others, including less qualified persons, were discriminately appointed on Class-III posts contrary to Personnel Department, Government of Bihar guidelines - respondents include State of Bihar, Higher Education authorities, Veer Kunwar Singh University, Ara and M.V. College, Buxar - without adjudicating the merits, writ disposed of: liberty granted to submit a fresh representation with supporting documents to the Vice-Chancellor within four weeks - Vice-Chancellor to route the representation to the Compassionate Appointment Committee, which is to pass a reasoned and speaking order within ten weeks, considering the order passed in C.W.J.C. No.16054 of 2008 dated 25.08.2014 (Patna High Court).

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1995 of 2020

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Shivam Bharadwaj son of Late Prof. Ravi Kant Dubey, Resident of Gurudwara Road, Civil Line, Buxar, P.S. Buxar Town, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Education Department, New secretariat, Patna.

The Director, Higher Education Department, Govt. of Bihar, New Secretariat, Patna.

The Vice Chancellor, Veer Kunwar Singh University, Ara.

The Registrar, Veer Kunwar Singh University, Ara.

The Principal, M.V. College, Buxar

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh For the Respondent/s : Mr. Kameshwar Kumar (Gp17) Mr. Rajesh Pd. Chaudhary

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

7 12-08-2024

Heard learned counsels for the parties.

The petitioner has approached this Court for the following

reliefs:-

(i) For a direction to the respondents to rectify the order of compassionate appointment of the petitioner on Class-IV post by way of appointing him on Class-III post as other either less qualified or discriminately appointed on Class-III post for the reasons best known to them.

(ii) The respondents further be directed they have to adopt same and similar yard stick for appointment on compassionate ground on Class-III post to the petitioner as per the guideline of the personnel department, Govt. of Bihar but not open for their choice discriminately as and

Patna High Court CWJC No.1995 of 2020(7) dt.12-08-2024 2/2

when required for others.

(iii) To grant such other relief/reliefs for which the petitioner is entitled too.

At the outset, learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the ViceChancellor, Veer Kunwar Singh University, Ara (respondent no.3) within a period of four weeks by filing a fresh representation enclosing all the documents in support of his grievance.

Liberty so sought is granted.

It is needless to state that in case a representation is filed, by the petitioner, the respondent no.3 is well advised to send the said representation to the Compassionate Appointment Committee to consider the same, by passing a reasoned and a speaking order, considering the order passed in C.W.J.C. No.16054 of 2008 dated 25.08.2014, thereon, within a period of ten weeks, thereafter.

With the aforesaid direction, this writ application is disposed of.

(Anjani Kumar Sharan, J)

shikha/-

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