The Allahabad High Court has ruled that Banaras Hindu University (BHU) cannot mechanically deny compassionate appointments by strictly applying recruitment age limits. Hearing an intra-court appeal, the division bench clarified that compassionate appointment rules have a special purpose and must be applied with sensitivity to individual hardship.
Background of the Case
The case arose from the death of a BHU employee in July 2015. The deceased was unmarried, and her sister, Nameirakpam Shangbanabi Devi, applied for compassionate appointment as a dependent family member.
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However, BHU rejected her application in 2018, stating that she was over the maximum age permitted under the University’s Recruitment Rules. At the time of her sister’s death, the petitioner was 37 years old, exceeding the prescribed upper age limit even after permissible relaxation for OBC candidates.
Challenging this rejection, the petitioner approached the High Court. In February 2025, a Single Judge set aside BHU’s rejection and directed the University to reconsider her case without treating it as time-barred. BHU then filed a special appeal against that order.
Court’s Observations
The division bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla closely examined the University’s Compassionate Appointment Rules and Recruitment Rules.
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The bench noted that the compassionate scheme exists to support families facing sudden financial distress after the death of a sole breadwinner.
“Compassionate appointment is an exception to normal recruitment norms and exists to meet an emergency situation,” the court observed.
Importantly, the judges pointed out that while the Recruitment Rules prescribe general age limits, the Compassionate Rules expressly allow relaxation of the upper age limit “wherever found to be necessary.” According to the court, this discretion cannot be curtailed by internal resolutions of the Executive Council.
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The bench also rejected BHU’s reliance on its policy of granting age relaxation only to widows or their wards.
“Such a presumption that all other dependents would not face financial hardship defies logic and common sense,” the court remarked.
At the same time, the High Court did not fully agree with the Single Judge’s view that Recruitment Rules have no role at all. It clarified that Recruitment Rules would still apply to eligibility conditions other than age.
“The Compassionate Rules themselves refer to Recruitment Rules for eligibility, except where special relaxation is provided,” the bench explained, stressing the need for a balanced approach.
Final Decision
Disposing of the appeal, the High Court directed BHU’s Compassionate Appointment Committee to first consider whether upper age relaxation should be granted to the petitioner under the Compassionate Rules alone, without being influenced by recruitment age limits.
After that, the University must examine her claim on merits, including dependency, financial hardship, and indigent circumstances.
The court ordered that a reasoned decision be taken within one month.
Case Title: Banaras Hindu University & Ors. v. Nameirakpam Shangbanabi Devi
Case Number: Special Appeal No. 820 of 2025
Date of Judgment: January 16, 2026
