RUPENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Writ Petition has been filed for issuance of a writ of mandamus directing the authorities of Patna University (hereinafter called the said University) to consider the petitioner's case for appointment to Class III post in place of the post to which he has been appointed which is a Class IV post in view of the petitioner's educational qualification.

(2.) THOUGH in this case notice was sent to respondent No. 5 pursuant to the order of this Court, the respondent No. 5 did not appear. This Court, having regard to the order which it is passing, need not wait for the appearance of respondent No. 5.

(3.) IN this matter learned Counsel for the respondent Patna University has appeared and filed a counter affidavit. The stand of the respondent University is that appointments have been made on compassionate ground to the posts where vacancies have been created as a result of death. In other words, it has been contended that in the case of the petitioner vacancy was created as a result of the death of his father Sri Banwari Rai. Such vacancy was created in the post of peon and the petitioner was appointed as a Peon. In so far as respondent No. 5 is concerned, vacancy was created on the death of Mr. Ansari, father of respondent No. 5 and such vacancy was created in the Ministerial Post and as such respondent No. 5 was appointed on a ministerial post. It has also been stated that Annexure -2 will show that appointments have been made only where the vacancies have been created as a result of the death of the father/guardian of the employees who have been appointed on compassionate consideration.