MANJEET SINGH Vs. D I O S GHAZIPUR

JUDGEMENT

(1.) -The petitioner has challenged the order dated 10.10.2005 passed by the District Inspector of Schools, Ghazipur, rejecting the claim of the petitioner of his appointment on the post of a class-IV employee on the ground that the petitioner is the grandson of the brother of Principal of the institution and, as such, he falls within the prohibited category of relative referred to in the Schedule II appended to the U. P. Intermediate Education Act, 1921.

(2.) SINCE the issue is one of law, therefore, this Court does not find it necessary to invite any counter-affidavit on behalf of the respondents and learned standing counsel Sri K. R. Singh has very ably assisted the Court on the aforesaid issue by inviting the attention of the Court to the IInd Schedule referred to hereinabove. A perusal of the said schedule indicates that a brother's son is included in the prohibited category. The schedule clearly defines 27 categories of relations which fall within the prohibited category for the purpose of appointment in an institution. The Schedule as well as the provisions under which the said schedule has been framed clearly indicates that the list is exhaustive and not illustrative. In this view of the matter, no other relative can be said to be included within the prohibited category as defined under the IInd Schedule. The aforesaid position of law stands squarely supported by a recent decision of this Court in the case of G. P. Singh v. State of U. P. and others, 2005 (2) ESC 1199. The impugned order, therefore, proceeds on an erroneous assumption of law inasmuch as admittedly the petitioner is the grand son of the brother and, therefore, he does not fall within the prohibited category as defined in the IInd Schedule referred to hereinabove.