GOPAL JI TRIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the petitioner and the learned standing counsel. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the parties the writ petition is being finally decided.

(2.) By this writ petition the petitioner has prayed for a writ, order or direction commanding the respondents to forthwith grant compassionate appointment to the petitioner as an Assistant Teacher in L.T. Grade in any recognised and aided higher secondary school of district Kanpur Nagar

(3.) Brief facts necessary for deciding the controversy raised in the writ petition are: -Petitioner's father Raj Kumar Tripathi was permanent Assistant Teacher in Christ Church Inter College, Kanpur which is a recognised and aided minority institution. Sri Raj Kumar Tripathi died on 16th May, 1994 while still in service. Petitioner being son of the deceased Raj Kumar Tripathi, made an application on 26.7:1994 praying for appointment on compassionate ground in clerical cadre. The qualification of the petitioner as disclosed in the application was intermediate, he being student of B.Sc. Part II at the time of making the application. Petitioner claims to have made several applications to the respondents for giving appointment on compassionate ground . Petitioner passed B.Sc. In 1995 and B. Ed. In 1996. An application was made in the year 1997 by the petitioner claiming appointment on the post of Assistant Teacher. The District Inspector of Schools wrote a letter dated 12.8.1997 to the State Government expressing difficulty in appointing the petitioner as Assistant Teacher in view of the fact that Christ Church Inter College is a minority institution and the Regulations as amended vide Government order dated 2.2.1995 were not applicable on the minority institution. The District Inspector of Schools in the said letter also referred to a letter dated 14.10.1994 of the District Inspector of Schools recommending appointment of the petitioner on Class IV post in Christ Church Inter College against a supernumerary post . Petitioner's case in the writ petition is that no communication was ever received by the petitioner from the respondent with regard to claim of the petitioner of compassionate appointment.