Patna High Court
Rahul Kumar KharwarversusThe Vir Kunwar Singh University, Ara
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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
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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
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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
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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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