MANDAVI GUPTA Vs. REGISTRAR, CO

JUDGEMENT

(1.) The petitioner, an unfortunate widow, has approached this Court under Art. 226 of the Constitution of India with the grievance that, like others, the benefit of relaxation in the educational qualifications, in the matter of appointment of dependents of deceased employees has been denied to her illegally thereby violating the fundamental rights guaranteed to her under Articles 14, 16 and 21 of the Constitution of India

(2.) The facts of the case in brief are that late Sri Suresh Kumar Gupta, the husband of the petitioner while working as Junior Branch Manager in the District Co-operative Bank at Etawah fell seriously ill and it was diagnosed that he was suffering from Cancer. He was taken to All India Institute of Medical Sciences, New Delhi for treatment but he died on 5-1-1992, leaving behind his widow, who is the petitioner herein and three minor daughters aged, 5, 3 and 1# years. There is no doubt that the family of these four helpness persons has been left behind in a completely shattered state, both mentally and financially as huge debts were incurred due to the expensive treatment which was provided to the deceased and there being no source of livelihood for future subsistence.

(3.) It is in these circumstances that the petitioner applied before the opposite party No. 1 to appoint her on a Class III post of a Clerk with opposite party No. 2 granting her relaxation in her educational qualifications as she was only an Intermediate (Class XII pass) whereas the prescribed educational qualifications under the rules for the said post is a Graduate degree. This application dated 25-3-1992 is Annexure 3-A to the writ petition. In support of her application and request for the relaxation, the petitioner quoted the past precedences of Smt. Anjum Rani Gupta, Hemant Kumar Sharma and Mahendra Pratap Singh etc. A copy of the order dated 27-2-1988 issued by the Deputy Registrar communicating that the Registrar, Co-operative Societies has granted relaxation in the educational qualifications exercising the powers under Sec. 120 of the U. P. Cooperative Societies Act, 1965 to Smt. Anjum Rani Gupta has been annexed as Annexure-2 to this petition It was further stated in this application that though she had passed Intermediate but with a view to acquire Graduate degree, she has already taken admission in Graduate courses (B. A.) and lias every hope that she will obtain the said degree as early as possible. The Registrar vide his order dated 12-5-1992 (Annexure-4) rejected the request of the petitioner on the ground that there is no provision in the relevant, regulations for bank employees to grant relaxation in educational qualifications, hence appointment can only be given to her on a Class IV post as per her existing educational qualifications It is this order of refusal to grant relaxation which has been challenged in this writ petition inter-alia on the ground that the impugned order has been passed arbitrarily, discriminating her from other similarly situated persons, and without "application of mind ignoring the relevant rules and regulations which has resulted into grave miscarriage of justice to her as also denial of equality before law as enshrined in Articles 14 as well as 16 of the Constitution of India.