SURESH PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has filed the present writ petition praying for the quashing of the order dated 20 -12 -2005 passed by the District Inspector of Schools, Ghazipur, rejecting the petitioner's claim for appointment as an Assistant Teacher on compassionate ground. The petitioner has further prayed that a mandamus be issued to the respondents to appoint him on the post of an Assistant Teacher.

(2.) THE brief facts are that the petitioner's father was working as an Assistant Teacher in the institution and died in harness on 11 -2 -1981. The petitioner applied for an appointment on compassionate ground. Since his claim was not being considered, the petitioner filed a Writ Petition No. 16416 of 1991 and during its pendency, the petitioner was given an appointment on 22 -1 -1993 on the post of an Assistant Clerk. The petitioner moved an application in the writ petition praying that he should be given an appointment as an Assistant Teacher on the basis of his educational qualifications. The said writ petition was disposed of by a judgment dated 20 -4 -2005, directing the District Inspector of Schools to consider the matter with regard to the appointment of the petitioner as an Assistant Teacher. The District Inspector of Schools, accordingly considered the claim and, rejected it by the impugned order dated 20 -12 -2005. Hence, the present writ petition.

(3.) THE learned Counsel for the petitioner submitted that the petitioner has the requisite educational qualification and therefore, he should be given an appointment on the post of an Assistant Clerk, as per Regulation 105 of the Regulations framed under the Intermediate Education Act 1921. The petitioner further submitted that the finding, that the petitioner did not lodge any protest against his appointment as an Assistant Clerk is patently erroneous and against the material on the record.