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Patna High Court

Rahul Kumar KharwarversusThe Vir Kunwar Singh University, Ara

Decided
Disposal
DISPOSED

Holding

The court held that the university must consider the petitioner's request for compassionate appointment, taking into account any vacancy in Class‑III or Class‑IV posts, and issue an order within eight weeks.

Summary

Rahul Kumar Kharwar petitioned the Patna High Court seeking a compassionate appointment in a Class‑III post at H.D. Jain College, citing his qualifications and the death of his father, a former Class‑IV employee. The university’s compassionate appointment committee initially offered him a Class‑IV post, the same as his father’s, but he requested a Class‑III post matching his education. The college asserted that all 19 Class‑III posts were occupied, while the petitioner argued that recent promotions had created vacancies. The university contended that compassionate appointments are subject to the availability of posts and the petitioner cannot demand a specific vacancy. The court examined the submissions and the recent notification showing promotions, concluding that vacancies now exist. Accordingly, the court directed the university registrar to place the petitioner's case before the compassionate appointment committee for consideration of any vacant Class‑III or Class‑IV post within eight weeks, and disposed of the writ petition.

Issues considered

  • Whether a petitioner can be appointed on compassionate ground to a Class‑III post despite the university’s claim of no vacancy.
  • Whether the rules on compassionate appointments allow the petitioner to claim a specific post or are limited to any available vacancy.
  • Whether the university is obligated to reconsider the petitioner's application in light of recent promotions creating vacancies.

Subjects

  • compassionate appointment
  • Class‑III post
  • vacancy
  • university
  • writ petition
  • appointment on compassionate ground

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.14297 of 2025
                 ======================================================
                 Rahul Kumar Kharwar Son of Late Duja Prasad Kharwar, Resident of
                 Village- Kuchhila, P.O.- Kuchhila, P.S.- Kochas, District- Rohtas.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The Vir Kunwar Singh University, Ara through its Registrar.
           2.    The Vice Chancellor Vir Kunwar Singh University, Ara.
           3.    The Registrar, Vir Kunwar Singh University, Ara.
           4.    The H.D. Jain College, Ara, through its Principal.
           5.    The Principal, H.D. Jain College, Ara.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Ms. Manini Jaiswal, Adv.
                 For the Respondent/s   :      Mr. Rajesh Prasad Choudhary, Adv.
                 For the University     :      Mr. Abhinav Raj, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

5   22-01-2026                 Heard the parties.

                               2. The petitioner has invoked the jurisdiction of this

                   Court seeking a direction upon the respondent authorities of the

                   University to consider the case of the petitioner for his

                   appointment on compassionate ground on any of the Class-III

                   post, based upon his educational qualification in H D Jain

                   College, Ara, due to unfortunate demise of his father, who died

                   in harness on 03.02.2017 , while working as peon in the college,

                   in question.

                               3. This Court is apprised that the matter pertaining to

                   appointment of the petitioner on compassionate ground was
Patna High Court CWJC No.14297 of 2025(5) dt.22-01-2026
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          placed before the compassionate appointment committee of the

          University and it was resolved that the petitioner will be

          appointed on compassionate ground against the vacant post of

          his late father, who was Class-IV employee. The petitioner,

          however, requested that he has all the qualification to be

          appointed for Class-III post, therefore his case should be

          considered for appointment on Class-III post.

                      4. In view of the request made by the petitioner, the

          committee resolved to take present status of Class-III post from

          the concerned college. The college, vide its Letter No.

          420/GI/25 dated 09.06.2025, informed that there are 19 posts of

          Class-III in the college and against all the posts, employees are

          working and, as such, no post of Class-III is vacant in the

          college.

                      5. The aforenoted contention brought before this

          Court by filing a counter affidavit on behalf of the respondent

          no. 3 has been refuted by the learned Advocate for the

          petitioner. It is submitted that Class-III posts in the college are

          still vacant, which can be verified afresh. It has also been

          informed to this Court that vide Notification dated 15.01.2026

          bearing Memo No. Sthapana/108/Estab/2026, five persons have

          been promoted from the post of lower division clerk to upper
Patna High Court CWJC No.14297 of 2025(5) dt.22-01-2026
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          division clerk. In view of the subsequent development, it is the

          contention of the learned Advocate for the petitioner that now

          the posts are vacant and there is no impediment to consider the

          case of the petitioner for Class-III post at par with his

          educational qualification.

                      6. Mr. Abhinav Raj, learned Advocate for the

          University submits at the bar that while considering the

          appointment on compassionate ground, the petitioner cannot

          claim for a choice post. It is a compassion that is available in

          terms with the rules and guidelines, subject to the availability of

          the post.

                      7. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the averments made in the reply filed by the petitioner,

          especially with respect to the notification dated 15.01.2026, this

          Court deems it apt and proper to dispose off the writ petition

          with a direction to the Registrar, Veer Kunwar Singh University

          to consider and place the case of the petitioner before the

          compassionate appointment committee of the University, which

          shall take up the case of the petitioner for his appointment,

          considering the availability of the vacancies against Class-III or

          Class-IV post and pass appropriate order for his appointment on
            Patna High Court CWJC No.14297 of 2025(5) dt.22-01-2026
                                                       4/4




                      compassionate ground.

                                     8. The entire exercise must be completed preferably

                      within     a     period   of    eight     weeks,   from   the   date    of

                      receipt/production of a copy of this order.

                                     9. Accordingly, the writ petition stands disposed off.



                                                 (Harish Kumar, J)
shivank/-

U


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