BHUPENDRA KUMAR Vs. DISTRICT INSPECTOR OF SCHOOLS ALIGARH

JUDGEMENT

(1.) Father of the petitioner Harish Chandra Verma was assistant teacher in Malviya Inter College, Andla, Aligarh. He died in harness on 29.3.1996 leaving behind his widow Smt. Mithlesh Devi, son Yatindra Kumar aged eighteen years, petitioner who was a minor and Km. Durgesh minor daughter. Smt. Mithlesh Devi and elder son Yatindra Kumar who could have claimed appointment immediately after the death did not claim any appointment. Petitioner's date of birth is 30.6.1981. He passed B.Sc. examination in 1999. He became major on 30.6.1999. Smt. Mithlesh Devi moved an application on 6.7.1999 before the District Inspector of Schools. Aligarh (in brief D.I.O.S.) on the ground that her elder son Yatindra Kumar is not interested in the service of education department, therefore, petitioner be appointed under the dying-in-harness rules on the class-III post of clerk. By letter dated 23.7.1999, the D.I.O.S. intimated that no post of clerk was vacant and he offered appointment to the petitioner on a class-IV post. He asked for certain papers and consent of the petitioner. Mother of the petitioner filed an affidavit that there was no objection to the appointment of the petitioner on class-IV post. Thereafter, the petitioner moved an application on 21.9.1999 before the D.I.O.S. that in Malviya Inter College, Andla, Aligarh posts of teachers and clerk were vacant, and he may be appointed in the institution on a class-III post. The D.I.O.S. issued appointment letter to the petitioner on 21.10.1999 on a class-IV post in Mohini Adarsh Inter College, Badaun, Aligarh. He did not join. He wrote a letter to the D.I.O.S. on 18.5.2000 that as per his qualification, he should be appointed on a class-III post of teacher or clerk. This writ petition has been filed by the petitioner praying that a direction be issued to D.I.O.S. to appoint him on a class-III post.

(2.) I have heard Sri Jai Narain learned counsel for the petitioner and standing counsel for the respondent Nos. 1 and 3.

(3.) Learned counsel for the petitioner has urged that he is entitled for appointment on class-III post on compassionate ground as per his educational qualification and the District Inspector of Schools committed an error in offering an appointment on class-IV post on which the petitioner did not join. therefore, the District Inspector of Schools be directed to give appointment to the petitioner on class-III post of teacher or clerk. On the other hand, learned standing counsel has urged that the petitioner has been given appointment on compassionate ground on class-IV post which has been declined by the petitioner. The petitioner has got no right to claim appointment on class-III post.