Lakshmi Bhatt vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties.

The order, as contained in annexure 1 dated 12.4.2001, is under challenge, whereby and where under the application filed by the Petitioner for appointment on compassionate ground has been rejected on the ground that she was not having the requisite qualification.

It is submitted by learned Counsel appearing on behalf of the Petitioner that as per Clause 6 of the Government Circular dealing with the appointment on compassionate ground, a lady candidate is required to be literate and therefore, the Petitioner was not required to be Class 8 passed. The circular of the Government has been brought on record, marked as Annexure 5 to the writ application. Clause 6 of the circular states that the qualification is cases of female candidates can be relaxed and the candidate is only required to be literate.

In view of this, the authorities could not have rejected the application fled by the Petitioner for appointment on compassionate ground and thus, the matter requires fresh consideration.

This application is, accordingly, allowed and the order, as contained in annexure 1, is hereby quashed and the matter is remitted back to Respondent No. 3 to reconsider the same for appointment of the Petitioner on compassionate ground in light of the Government circular. This exercise, however, must be completed within a period of three months from the date of receipt/production of a copy of this order. No order as to costs.