Patna High Court
Aslam AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court set aside the impugned order and directed that the petitioner's case be considered by the District Compassionate Appointment Committee within the stipulated time frame.
Summary
The petitioner, Aslam Ansari, filed a writ petition seeking appointment on compassionate grounds, alleging that the District Programme Officer (Establishment) had rejected his claim through a cryptic order (letter no. 1403 dated 19 June 2019) without citing the relevant departmental orders. The High Court examined the order and found it lacked sufficient detail to permit judicial review, as the basis for rejection was not disclosed. Consequently, the Court set aside the impugned order and directed the District Programme Officer to refer the petitioner's case to the District Compassionate Appointment Committee, provided it falls within the scheme's parameters. The Committee was instructed to consider the case within four weeks of the petitioner's representation and to adjudicate within three months. With these directions, the writ petition was disposed of.
Issues considered
- What is the validity of the District Programme Officer's order rejecting the petitioner's claim for compassionate appointment in the absence of a clear reference to the applicable departmental orders?
- Whether the High Court can entertain judicial review of such a cryptic administrative order.
Subjects
- compassionate appointment
- judicial review
- administrative order
- education department
- high court
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15456 of 2019
======================================================
Aslam Ansari Son of Late Abrar Hussain, Resident of Village Asharam
Bhaluhi, P.O. Rudrapur Kateya, P.S. Kateya, District Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Secondary Education, Govt. of
Bihar, Budh Marg, Patna.
2. The Regional Deputy Director of Education, Saran Division, Chapra.
3. The District Education Officer, Siwan.
4. The District Programme Officer (Establishment), Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh, Adv.
For the Respondent/s : Mr. Vinay Kumar Mishra, AAG15
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 02-02-2026 Heard learned counsel for the parties.
2. From perusal of letter no. 1403 dated 19 th June,
2019, contained in Annexure-7 to this writ petition, it appears
that the District Programme Officer (Establishment), is said to
have passed an order, rejecting the entitlement of the petitioner
for appointment on compassionate ground by referring to certain
departmental orders but, there is no reference of contents, based
on which, the adjudication of the claim of the petitioner is said
to have been made.
3. The aforesaid order, being so cryptic, the judicial
review of such impugned order cannot be made, as neither the
claim of the petitioner finds consideration nor the reference of
Patna High Court CWJC No.15456 of 2019(4) dt.02-02-2026
2/2
departmental order, based on which, the claim is said to have
been rejected, is apparent from the order as contained in letter
no. 1403 dated 19.06.2019 and, accordingly, this Court finds it
appropriate to set aside the same and directs the District
Programme Officer (Establishment) to place his case before the
District Compassionate Appointment Committee for
consideration, if his case falls within the parameter, so fixed
under the compassionate scheme, within a period of four weeks
from the date of filing of representation by the petitioner, and
necessary adjudication be made in accordance with law within a
period of three months by the Compassionate Appointment
Committee.
4. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
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