Nisha Kumari vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14482 of 2024
======================================================
Nisha Kumari, Daughter of Ratipal Singh, Resident of Middle School
Dhansoi, P.S.-Dhansoi, District-Buxar, Bihar - 802117.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Vikash Bhawan, New Secretariat, Patna, Bihar.
3. The Director, Middle Education, Education Department, Government of
Bihar, Vikash Bhawan, New Secretariat, Patna, Bihar.
4. The District Magistrate, Buxar, Bihar at Buxar.
5. The Deputy Development Commissioner, Buxar, Bihar at Buxar.
6. The District Programme Officer, Establishment, Buxar, Bihar at Buxar.
7. The Block Education Officer, Block - Dhansoi, Dist - Buxar, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Respondent/s : Mr. Sunil Kumar Mandal (SC-3)
Mr. Lokesh Kumar (AC to AG)
Ms. Bittu Kumari (AC to SC-3)
For the Zila Parishad Buxar: Mr. Vijay Shankar Upadhaya, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
CAV JUDGMENT
Date: 03-09-2026
Heard the learned counsel for the parties.
2. The present writ petition has been filed for the
following reliefs:-
i. For issuance of appropriate
writ/writs, order/orders,
direction/directions to the respondents
to appoint petitioner as School
Assistant in Buxar district, Bihar with
all amenities and arrears of payment.
ii. For issuance of appropriate writ/s
directing respondents to pay

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
2/21
compensation to the petitioner since the
year 2007.
iii. For issuance of any other
appropriate writ/writs, order/orders,
direction/directions, for which
petitioner may deemed entitled under
the fact and circumstance of the case.
BRIEF FACTS
3. The brief facts which are necessary for
adjudication of the present writ petition are that the mother of
the petitioner was a teacher in the middle school, Dhansoi,
Buxar. She died in harness on 13.11.2007. After death of her
mother, the petitioner although, being married daughter,
submitted her application along with her educational
qualification and documents in support thereof before the
competent authority, for considering her case for appointment
on compassionate ground on the post school assistant.
Considering the qualification of the petitioner, the petitioner was
shortlisted, along with other candidates by the office of the
District Education Officer, Buxar for appointment on the post of
school assistant. After the name of the petitioner was shortlisted
for appointment on compassionate ground. The respondent
authorities started making verification at different levels and by
letter dated 17.06.2022, issued under the signature of the Circle

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
3/21
Officer, Rajpur a certificate was issued wherein it was stated
that none of the family members of the petitioner is in
government service or non-government service. A certificate
with regard to the dependents of the deceased teacher (mother of
the petitioner) was also issued from the officer of the Circle
Officer, Rajpur on 21.02.2023, wherein it has been stated that
apart from the petitioner, the deceased teacher left behind a son
also. Despite the name of the petitioner being shortlisted for
consideration of her case for being appointed on compassionate
ground, when no decision was taken at the level of the
respondent authorities, the petitioner was constrained to file the
present writ petition on 20.09.2024.
SUBMISSION ON BEHALF OF HE PETITIONER
4. The learned counsel for the petitioner submits
that the petitioner, being the daughter of the deceased employee,
submitted her application for being appointed on compassionate
ground, however the same was not being considered by the
respondent authorities, despite her being eligible for
appointment. He submits that although the petitioner was
shortlisted, for being appointed, however, for the reasons best
known to the respondent authorities, till date she has not been
appointed. He submits that the petitioner was totally dependent

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
4/21
on her mother and father and she used to reside with her mother
till her death and therefore it cannot be said that she is not
entitled for being appointed on compassionate ground, being
dependent on her mother. The learned counsel for the petitioner
to support his contention, that a married daughter is also entitled
for granted the benefit of compassionate appointment, after
death of her mother/father refers to and relies upon a recent
Judgment of the Hon’ble Supreme Court of India passed in Civil
appeal no.9779 of 2026 (Arising out of S.L.P. (C) no.11623 of
2026) Sayara Khatoon @ Shayara Khatoon & Anr. Vs The
State of Bihar & Ors .) wherein the Hon’ble Supreme Court of
India while considering similar matter with regard to the
appointment of daughter of a deceased employee on
compassionate ground, was considering the policy formulated
by the Government of Bihar dated 10.12.2014 under which only
a divorced/deserted daughter is eligible for appointment on
compassionate ground. The Hon’ble Supreme Court of India in
paragraph nos. 5 and 6 has held as under:-
“5. This Court has repeatedly held that
any classification differentiating a
daughter from a son is, per se,
unconstitutional. On a perusal of the
policy, we find that classification
restricting eligibility only to a divorced

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
5/21
or deserted daughter cannot be
sustained in the eye of law. There cannot
be a presumption in law that, after
marriage, a daughter severs her ties
with her parental family and resides with
husband in her matrimonial home. In the
present case, a specific statement has
been made by the appellant that,
although her divorce has not been
formally recognized by law, she has been
also living with her parental family. In
fact, she has the support of her entire
family including her mother and brother.
In any event, adopting a hyper- technical
approach cannot be a ground to deny
consideration of her claim for
compassionate appointment, the appeal
is entitled for consideration on merits.
As already stated, the objection of the
brother also no longer survives.
6. In view of the above, we are inclined
to set aside the impugned order and
consequently, the order rejecting claim
for compassionate appointment also
stands set aside. The respondent is
directed to consider the case of the
appellant for compassionate
appointment on merits within a period of
eight weeks from the date of receipt of a
copy of this order.”

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
6/21
5. The learned counsel for the petitioner further
refers to and relies upon a Judgment of the Hon’ble Supreme
Court reported in 2026 INSC 617 (Kulsum Nisha Vs. The
State of U.P. & Ors.) wherein the Hon’ble Supreme Court was
considering the matter relating to appointment of a married
daughter of the deceased dealer for appointment as a fair price
shop dealer on compassionate ground. The Hon’ble Supreme
Court of India in paragraph nos.14, 16 to 23, 27 and 28 has held
as follows:-
“14. Article 14 of the Constitution of
India, guarantees equality before the
law and equal protection of the laws.
Article 15(1) prohibits discrimination on
the grounds of religion, race, caste, sex
or place of birth. Article 21 protects the
right to live with dignity. These
guarantees must be interpreted in light
of the constitutional commitment to
secure social and economic justice
embodied in the Directive Principles of
State Policy. Article 39(a), in particular,
mandates that the State direct its policy
towards securing that men and women
equally have the right to an adequate
means of livelihood. Article 39(c)
provides that the State shall direct its
policy to ensure that operation of

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
7/21
economic system does not result in the
concentration of wealth and means of
production to the common detriment.
16. The solitary issue which arises for
consideration in this appeal is whether
exclusion of the married daughter from
the definition of 'family' as defined
under Clause 2(p) of the 2016 Order
and as referred to in Paragraph (IV)10
of the G.O. is constitutionally
sustainable.
17. A Constitution Bench of this Court
after taking note of a decision rendered
by seven Judge Bench of this Court has
held that Article 14 of the Constitution
forbids class legislation, but permits
reasonable classification for the
purposes of legislation. A classification,
however, must satisfy two conditions,
firstly, it must be founded upon an
intelligible differentia which
distinguishes persons or things that are
grouped together from others left out of
the group, and secondly the differentia
must have a rational relation to the
object sought to be achieved by the
statute in question. The doctrine of
equality has, over time, evolved beyond
a narrow classification test. State
action, which is arbitrary, irrational,

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
8/21
capricious, or founded on impermissible
stereotypes is equally vulnerable to
challenge under Article 14.
18. Examined on the touchstone of these
principles, the exclusion of a married
daughter from the definition of "family"
cannot be sustained. The object of
allotment under the dependent quota is
to provide immediate succour to the
family of a deceased dealer facing
financial hardship. The relevant
considerations dependency, financial
need, residence, and the ability of the
applicant to discharge the obligations
attached to the dealership. Marital
status bears no rational nexus to any of
these considerations.
19. The impugned provision proceeds on
the assumption that upon marriage a
daughter ceases to be a member of, or
dependent upon, her parental family.
Such an assumption constitutionally
impermissible. Marriage neither
extinguishes the bond between a
daughter and her parental family nor
furnishes a valid basis to presume
absence of dependency. Contemporary
social realities demonstrate that many
married daughters continue to reside
with, support, or remain dependent

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
9/21
upon their parents. Equally, there may
be sons who are not dependent upon the
family despite being included within the
definition. Dependency is a question of
fact and cannot be conclusively
determined by reference to marital
status alone.
20. Significantly, the scheme does not
exclude a married son from
consideration. A son continues to
remain within the fold of the family
irrespective of his martial status,
whereas a daughter is excluded solely
because she is married. The distinction
is founded upon a gender-based
stereotype that a daughter, upon
marriage, becomes a member of another
family and loses all ties with her natal
family. Such a presumption is
incompatible with the constitutional
guarantee of equality and perpetuates
historical notions of gender inequality
which the Constitution seeks to
eradicate.
21. The submission of the State that a
married daughter may not satisfy the
requirement of local residence is equally
untenable. Residence constitutes an
independent eligibility criterion under
Paragraph IV(5) of the G.O. Whether

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
10/21
an applicant satisfies that requirement
must be determined on the facts of each
case. A blanket exclusion of all married
daughters cannot be justified on the
speculative assumption that every
married daughter necessarily resides
elsewhere. Constitutional adjudication
cannot be founded on presumptions that
are overbroad and disconnected from
lived realities.
22. The purpose of the dependent quota
is neither to create a right of succession
or inheritance in the dealership nor a
reward for lineage. The object is limited
and specific: to provide immediate
financial relief to the dependent family
of a deceased dealer and to ensure
continuity in the public distribution
system. Once dependency is accepted as
the governing criterion, exclusion of a
married daughter solely on account of
her marital status becomes wholly
irrational and self-defeating.
23. We are, therefore, of the considered
view that the exclusion of married
daughters from the definition of "family"
fails the test of reasonable classification
and is manifestly arbitrary. The
distinction created by Paragraph IV(10)
of the G.O. lacks any intelligible

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
11/21
differentia having a rational nexus with
the object of the scheme. The exclusion
is founded solely upon marital status
and gender stereotypes and
consequently, violates Articles 14 and
15(1) of the Constitution of India.
27. We are in agreement with the view
taken in Vimla Srivastava (supra) by the
Division Bench of the Allahabad High
Court and the decisions of the Bombay,
Karnataka and Calcutta High Courts
which have recognised the principle that
marital status cannot constitute a valid
ground for denying the benefit of a
welfare measure to an otherwise eligible
daughter. To the extent the contrary
view expressed in Saida Begum and
Smt. Kusumlata (supra), does not lay
down the correct law and stand
overruled.
28. In the present case, the material on
record establishes that the appellant
continued to reside in the same village
even after her marriage and actively
assisted her mother in the operation of
the fair price shop. The appellant upon
her mother's demise, assumed
responsibility for maintaining her
sisters, including a visually impaired
sister. The authorities have not disputed

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
12/21
these factual assertions. The sole
ground on which her application was
rejected was that she is a married
daughter. Once that ground is held to be
constitutionally invalid, no impediment
survives to the grant of relief in her
favour.”
SUBMISSION ON BEHALF OF RESPONDENTS
6. Per Contra the learned counsel appearing on
behalf of the State, while referring to the counter-affidavit filed
on behalf of the Respondent no.6 submits that the mother of the
petitioner was a teacher in middle school, Dhansoi, Buxar and
died on 13.11.2007. After her death, the petitioner filed her
application for appointment on compassionate ground. He
submits that the matter relates to appointment on compassionate
ground and as per the new guideline issued vide memo no.1128
dated 21.08.2020 by the Department of Education, Government
of Bihar the compassionate appointment can be made on the
post of school assistant and Parichari on the basis of educational
qualification of the candidates. Pursuant thereto the list of
candidates for appointment on the post of School Assistant and
School Parichari on the basis of seniority of the deceased
employees was prepared, wherein the name of the petitioner
finds place at serial no.1. The power of appointment on

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
13/21
compassionate ground is vested with the Panchayat Raj
Institution and the Nagar Nikay Institution. The District
Education Officer, Buxar vide letter no.254 dated 18.03.2024,
addressed to the D.D.C.-cum-Chief Executive Officer, Zila
Parishad, Buxar informed that panel for appointment on
compassionate ground has been prepared and action has to be
taked at the level of the D.D.C.-cum-Chief Executive Officer.
He submits that the State authorities have already recommended
the case of the petitioner for compassionate appointment.
7. The learned counsel appearing on behalf of Zila
Parishad, Buxar, while referring to counter-affidavit filed on
behalf of the Respondent no.5 submits that it is an admitted
position that the mother of the petitioner died on 13.11.2007.
Immediately thereafter the petitioner submitted her application
for compassionate appointment, however, the petitioner did not
annex any documentary evidence to show that immediately on
death of her mother in 2007, the petitioner had made an
application for appointment on compassionate ground. However
as and when the petitioner made an application, the respondents
vide their letter dated 27.05.2022, directed the petitioner to
submit her approval for being appointed on the post of School
Assistant/School Parichari in terms of the scheme for

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
14/21
compassionate appointment. The respondent authorities of the
Zila Parishad prepared a list of the candidates for being
appointed on compassionate ground on the post School
Assistant and School Parichari, on the basis of seniority of the
deceased employee. The name of the petitioner finds place at
serial no.1 and she has been found eligible for being appointed
on compassionate ground on the post of school assistant.
Subsequently, in the meeting of the compassionate appointment
committee of the Zila Parishad, which was held on 24.09.2024 it
was resolved to appoint school assistant on 16 vacant posts and
School Parichari on 11 vacant posts from the panel prepared by
the Education Department on the basis of the seniority and it
was unanimously decided that all the appointments will be
temporary and only those candidates, who will pass the
examination, their services will be confirmed and the candidates
for appointment on school assistant will be required to pass
computer typing test and in case the candidate does not qualify
the required computer test/required examination, within the time
frame, they will be demoted to the post of school attendant. It
was also decided in the said meeting that the provisional list of
appointment shall be published on the website of the Zila
Parishad as well as in the two leading local newspaper for

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
15/21
information to all the concerned and 15 days time will be
granted for filing objection, after preparation of provisional list
and that provisional list will not be made the sole ground for
appointment and if any candidate claim for their appointment on
the basis of provisional list, their claim will not be considered.
In the counter-affidavit it has further been mentioned that a
general meeting of the Zila Parishad was to be held on
16.11.2024 and respondents are actively considering the case of
the petitioner for her appointment on compassionate ground.
8. The learned counsel for the Zila Parishad further
submits that a meeting of the Compassionate Appointment
Committee of the Zila Parishad, Buxar was convened on
09.11.2024 wherein a provisional panel was prepared for
appointment on compassionate ground on 16 post of school
assistant and 11 post of parichari. He submits that the name of
the petitioner appears at serial no.1 of the said panel, which was
prepared in the meeting of the Compassionate Appointment
Committee of the Zila Parishad, Buxar on 09.11.2024. He
submits, that thereafter vide memo no.4046 dated 05.09.2025
issued under the joint signature of the District Education
Officer, Buxar and the District Programme Officer,
Establishment, Buxar an objection was raised with regard to

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
16/21
different persons altogether 133 in number for their appointment
on compassionate ground. He submits that in the objection with
regard to the petitioner it has been mentioned that since the
petitioner is not the only child of her parents and is married,
therefore all the candidates, including the petitioner were
directed to meet the objection, by submitting documents in their
favor within 10 days and action was to be taken after that. He
submits that since the petitioner did not submit any document
with regard to the objection raised by the authorities, no
decision has been taken on the case of the petitioner.
CONSIDERATION/ANALYSIS
9. Having considered the rival submissions and
after going through the records it appears that the mother of the
petitioner died in harness on 13.11.2007. The petitioner
submitted her application before the authorities concerned,
however the same was kept pending at the level of the
respondent authorities on one pretext or another. Subsequently.
the case of the petitioner, along with others, was considered for
appointment on compassionate ground on different posts. The
name of the petitioner was considered by the Zila Parishad,
Buxar in the meeting of its compassionate appointment
committee, on the post school assistant and the same was

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
17/21
recommended to the state authorities. The state authorities while
considering the case of the petitioner and similarly situated
persons, raised an objection with regard to 133 persons. With
regard to the petitioner an objection has been raised that the
petitioner is the married daughter and is not the only child of her
parents, therefore she was directed to submit documents to
support her claim for being appointed on compassionate ground.
It appears that despite recommendation of the Zila Parishad,
Buxar, the state authorities are sitting tight over the matter and
almost 20 years has elapsed since the death of the mother of the
petitioner, however no decision has been taken on the case of
the petitioner till date. Her candidature is not being considered
only on the ground that she is the married daughter of the
deceased employee and is not the only child of her parents. The
law with regard to appointment of married daughter has now
gone a change and recently has been decided by the Hon’ble
Supreme Court of India in a case, which arises from the State of
Bihar.
10. The Hon’ble Supreme Court of India in the case
of Sayara Khatoon @ Shayara Khatoon (Supra) in paragraph
no.2 has considered the policy of the State Government dated
10.12.2014 which prescribes for appointment of only a divorced

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
18/21
or deserted daughter of a deceased employee. In paragraph no.5
the Hon’ble Supreme Court has categorically held that on
perusal of the policy dated 10.12.2014 we find that
classification restricting eligibility only to a divorced or deserted
daughter cannot be sustained in the eye of law. It has been
observed that there cannot be a presumption in law that, after
marriage, a daughter severs her ties with her parental family and
resides with her husband in her matrimonial home. In the
present case a specific statement has been made by the appellant
that, although, the divorce has not been formally recognized by
law, she has been living with her parental family. She has the
support of her entire family, including her mother and brother.
In any event, adopting a hyper-technical approach cannot be a
ground to deny consideration of her claim for compassionate
appointment and therefore the appeal of the petitioner was
allowed. The authorities were directed to consider the case of
the petitioner therein for consideration of her case for
compassionate appointment on merits. Similar view has been
taken by the Hon’ble Supreme Court of India in the case of
Kulsum Nisha (Supra) wherein it has been held that Article 14
of the Constitution of India, guarantees equality before the law
and equal protection of law. It has further been held that Article

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
19/21
15 (1) prohibits discrimination on the ground of religion, race,
caste, sex or place of birth and Article 21 protects the right to
live with dignity. These guarantees must be interpreted in the
light of the Constitutional commitment to secure social and
economic justice embodied in the Directive Principles of State
Policy. It has further been observed that Article 39 (a) in
particular, mandates that the Sate directs its policy towards
securing that men and women equally have the right to an
adequate means of livelihood. In terms thereof the Hon’ble
Supreme Court directed in that case that the daughter in clause 2
(p) of 2016 order has to be read to include a married daughter
provided she fulfills other eligibility criteria and establishes the
dependency on the deceased dealer and satisfies all other
eligibility conditions prescribed under the Government order,
including the requirement of local residence.
11. In the present case, the petitioner has made a
categorical statement that she is eligible and entitled for
appointment on compassionate ground, since she was dependent
on the deceased employee. It has further been stated that the
financial status of the family of the petitioner has not changed
and the petitioner and her brother are still unemployed and are
facing financial hardship, due to sudden demise of her mother.

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
20/21
12. From the consideration made above it is clear
that the respondent authorities have not yet taken any decision
for appointment of the petitioner on compassionate ground,
solely on the ground that she is not the only child of the
deceased employee and is married. In view of the recent
Judgment of the Hon’ble Supreme Court of India in the case of
Sayara Khatoon @ Shayara Khatoon (Supra) wherein the
Hon’ble Supreme Court of India has held that the circular of the
State Government dated 10.12.2014, which prescribes for only a
divorced or deserted daughter to be considered for appointment
on compassionate ground, has went on to record that the said
policy, where the classification restricting eligibility only to a
divorced or deserted daughter is mentioned cannot be sustained
in the eye of law. In view of the said consideration this Court is
of the considered opinion that the case of the petitioner for her
appointment on compassionate ground, deserves consideration
by the respondent authorities.
13. Accordingly, this Court directs the respondent
authorities to consider the case of the petitioner for her
appointment on compassionate ground on merits, without being
prejudiced by the clause that restrict the appointment of the
married daughter on compassionate ground, within a period of 8

Patna High Court CWJC No.14482 of 2024 dt.03-09-2026
21/21
weeks, from the date of receipt/production of a copy of the
order. The decision with regard to the claim of the petitioner
must be taken after giving an opportunity of hearing to her.
14. With the aforementioned observations and
directions the writ petition is disposed of.
15. Pending applications, if any, shall also stands
disposed of.


(Ritesh Kumar, J)
kunal/-
AFR/NAFR NAFR
CAV DATE 03.09.2026
Uploading Date 05.09.2026
Transmission Date NA