SHEONATH Vs. D.I.O.S.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Kashiraj Mahavidyalaya Intermediate College, Aurai, District Varanasi is an aided and recognized Intermediate College. Provisions of Intermediate Education Act, 1921 (herein after referred to as the Act, 1921) and regulations framed thereunder as well as those of U.P. Secondary Education Services Selection Board Act, Rules and Regulations framed thereunder as well as those of the are fully applicable to the said institution. It is not in dispute that one Rama Kant Shukla, who was working as Assistant Clerk in the said institution was promoted as the Head Clerk. The vacancy so caused in the institution is stated to be within the quota for direct recruitment. The Committee of Management advertised the vacancy on 06.05.1990. The petitioner an application in response to the said Advertisement. After selection, it is his case that he was appointed by the Committee of Management of the institution as Clerk Papers pertaining to the selection/appointment of the petitioner were transmitted to the District Inspector of Schools for grant of approval so that payment of salary could be ensured.

(3.) One Narendra Kumar Upadhyaya made an application for compassionate appointment on the same post of Assistant Clerk on the allegation that his father Shri Kali Prasad Upadhyaya who was working as Lecturer (Geography) in the same institution expired during harness on 30.07.1986. Narendra Kumar Upadhaya claimed that he is entitled to such compassionate appointment in view of the Government Order applicable.