U.P.Singh, J.

1. The petitioners father died on 28th December, 1981, after serving for long seventeen years as Headmaster in she Primary School, Gopiya Toli, Purnia. He left behind his widow, three sons and two daughters. None of them is an earning member. On account of premature death of the petitioners father the economic condition of the family became critical, there being no other source of income. The petitioner, therefore, applied in the form prescribed by the Personal and Administrative Reforms Department on 18th March, 1983 to the District Superintendent of Education, Purnia (Respondent No. 6), for his appointment on the post of s teacher on compassionate ground (Anukarmpa) which was recommended by him and forwarded to the Directorate of Education Bihar, Patna. When the petitioner made that application, he was 17 years of age. The application so forwarded by respondent No. 6 to the Education Department was returned to respondent No. 6 in September, 1983, by the Deputy Director (Primary Education), Bihar, Patna, with an observation that, due to under-age, i.e., below 18 years, the petitioner could not be appointed on the basis of Anukampa (Annexure 3).

2. When the pe