Aftab Alam, J.

1. Heard Counsel for the petitioner.

2. The petitioner has been denied appointment on compassionate grounds following the death of one Munakka Devi who at the time of her death was working as a sweeper in the Anugrah Narain Medical College, Gaya and who according to the petitioner was her adoptive mother. The petitioners claim for appointment on compassionate grounds was turned down on the ground that the scheme does not relate to an adopted son. Counsel for the petitioner is quite right in his submission that the reason assigned for rejecting the petitioners claim was incorrect and untenable in law as a bench decision of this Court has held that the expression "son" used in the scheme of compassionate appointment also included, in case of Hindus, an adopted son.

3. Nevertheless a direction for appointment of the petitioner on compassionate grounds as prayed on his behalf cannot be issued and this writ petition is bound to fail. This is for the reason that on the petitioners own showing his adoption under the deed of adoption, dated 29-8-1995 was contrary to sec. 10 of the Hindu Adoption & Maintenance Act, 1956. In the deed of adoption, the age of the petitio