Aftab Alam, J.

1. The father of the petitioner, namely Ram Bilas Yadav, worked as an Assistant Teacher in a Government girls primary school. He died on 6.2.1997 while still in service. Following his death, the petitioner made an application for appointment on compassionate ground. The petitioners request for appointment was considered by the District Compassionate Committee, Sitamarhi in its meeting held on 8-9-1997 and having regard to the fact that the petitioner had two wives, it was decided to seek guidance in the matter from the department of Administrative and Personnel Reforms. The Dy. Secretary, in the Department by his letter No. 7382, dated 10.7.1998 gave the direction that the petitioners appointment would not be valid because of his two marriages. A copy of the letter was forwarded to the District Superintendent of Education (through whom the petitioners application was received) for necessary action. At that stage, the mother of the petitioner, the widow of the deceased Government employee made a detailed application protesting against the decision not to give appointment to her son, the present petitioner, on the ground of bigamy. She tried to explain that the first wife of the petitioner was not being able to bear a child and it was she who forced and persuaded the petitioner to take a second wife. After the second marriage, however, the first wife of the petitioner bore a child. The mother in her application further stated that neither the first nor the second wife of the petitioner was making any complaints and the second wife had also joined in the request for his appointment on compassionate grounds, stating that she would have no concern with her husbands employment either now or at any time in future. In support of the statements made in the application submitted by the petitioners mother, the affidavits of his two wives were also enclosed. In the affidavit of the first wife, it was stated that it was on her repeated requests that the petitioner took Kamla Kumari as his second wife whom she had herself selected and found suitable being the second wife of her husband. In the affidavit of Kamla Kumari, the second wife of the petitioner, it was stated that on his being appointed on compassionate grounds his first wife should be made his nominee and further that she would have no concern with the petitioners employment either now or in future.

2. On the basis of the application received from the mother of the petitioner, the District Compassionate Committee requested the Dy. Secretary in the Government to reconsider the matter, in reply to which the District Compassionate Committee was directed to take a decision on the question of petitioners appointment on compassionate grounds in the light of the departmental circular No. 13293, dated 5.10.1991 and the Departments letter No. 2822 dated 27.4.1995. Finally the case of the petitioner was considered in the meeting of the District Compassionate Committee dated 18.7.2000 in which his request was turned down on the ground of his having two wives.

3. This writ petition has been filed challenging the decision of the District Compassionate Committee taken in its meeting dated 18.7.2000.

4. It may be noted that commission of bigamy is a misconduct for a Government employee. That being the position, the impugned decision seems quite unexceptionable because it would appear quite anomalous to induct into Government employment someone who even before his appointment is in a position which is a misconduct for a Government employee. In exercise of the powers under the proviso to Art. 309 of the Constitution, the State Government framed rules called the Bihar Government Servants Conduct Rules, 1976 in order to regulate the conduct of Government servants. Rule 23 of the Conduct Rules deals with restrictions regarding marriages and is in the following terms:

23. Restrictions regarding marriages. (1) No Government servant shall ener into, or contract, a marriage with a