N.N.TIWARI, J. - (1.) IN this writ application, the petitioner, who is the widow of deceased Forest Guard -Mahesh Chandra Mahto, prays for a direction to the respondents to appoint her on Class IV post on compassionate ground as her husband died in harness on 28.3.1998.
(2.) ACCORDING to the petitioner, after the death of her husband, she filed application for appointment on compassionate ground with all requisite documents such as Death Certificate, Succession Certificate, Photographs etc. as far back as on 11.6.1998. After a long pendency of the application, the petitioner had preferred a writ application before the Patna High Court, as then was, being C.W.J.C. No. 3665 of 1999(R). By order dated 20.7.2000 passed therein the respondents were directed to consider the petitioner 'sprayer for appointment on compassionate ground. The grievance of the petitioner is that in -spite of the submission of the application with all requisite documents and inspite of the said order passed in the writ application years ago, the respondents have not passed any order till date. The respondents contested by filing counter -affidavit, and stating, inter alia, that the respondents in compliance of the aforesaid Court 'sorder had taken steps - and the petitioner 'spetition was sent to the Conservator of Forest, Southern Circle, by office order No. 303, dated 7.3.2000 with a copy of the same to the Regional Chief Conservator of Forest Jamshedpur and. The Deputy Commissioner, Chaibasa. On receipt of the said letter, the Deputy Commissioner Chaibasa and the Regional Chief Conservator of Forest asked for some more documents which were furnished. On receipt of the documents, the Regional Chief Conservator of Forest, Jamshedpur observed that the educational qualification of the petitioner is only Standard V pass which does not meet the requisite qualification of minimum VIII pass and the proposal was asked for by him for relaxation of educational qualification. The Divisional Forest Officer, Kolhan Area then sent a proposal for relaxation of the petitioner 'seducational qualification by his office letter No. 2119, dated 22.11.2003. They have stated that the Deputy Commissioner, Chaibasa who is the appointing authority, by his memo No. 684(B) Estt. dated 27.6.2003 categorically mentioned that the minimum educational qualification for employment on compassionate ground in IV Grade, should be minimum VIII standard pass and on the basis of the said letter, several applications for appointment on compassionate ground were rejected. It has been stated that since the petitioner has no minimum educational qualification of VIII standard pass, she is not qualified for the appointment. The respondents have denied the allegation of arbitrariness and mala fide on their part in not appointing the petitioner.
(3.) THE petitioner, in his reply to the counter -affidavit, contended that there is no mandatory requirement of the educational qualification for appointment on compassionate ground. The petitioner has referred to the provisions of the policy decision issued by the Government by memo No. 11946, dated 30th November, 1984. It has been provided therein that in the cases of proposal of appointment of a woman on Class IV post on compassionate ground, the educational qualification can be relaxed on the condition that she would learn reading and writing within a period of two years from the date of her appointment. The petitioner has annexed the said circular as Annexure -12 with her reply. It has been stated that on that basis several persons have been appointed by relaxing the requirement of educational qualification. The petitioner has also annexed an order of appointment of one Smt. Sumitra Tiu who was an illiterate lady and who was appointed by the Regional Deputy Director of Education by his Memo No. 1611, dated 12.12.2002. It has been stated that in view of the provisions in the circular, the proposal was also asked for relaxing the educational qualification of the petitioner, but no order was passed. The petitioner has also brought on record a copy of the order of the Court passed in W.P. (S) No. 6099 of 2003 enclosed as Annexure -10 wherein it has been held that qualification is totally, immaterial for the purpose of giving compassionate appointment on the post of Sweeper.;