A.K.Ganguly, J.

1. This Writ Petition has been filed for issuance of a writ of mandamus directing the authorities of Patna University (hereinafter called the said University) to consider the petitioners case for appointment to Class III post in place of the post to which he has been appointed which is a Class IV post in view of the petitioners educational qualification.

2. Though in this case notice was sent to respondent No. 5 pursuant to the order of this Court, the respondent No. 5 did not appear. This Court, having regard to the order which it is passing, need not wait for the appearance of respondent No. 5.

3. The facts of the case, shortly put are that the petitioners father Banwari Rai was an employee in the Patna College on a Class IV post of Peon. The father of the petitioner died in harness on 5.6.1998. Thereupon the petitioner applied for appointment on compassionate ground in the prescribed proforma. Then it appears that his application for compassionate appointment was considered by the compassionate Committee and the petitioner was appointed to the post of Peon as would appear from Annexure. The petitioner submits that respondent No. 5 Md, Eqbal Ahsan has been