ZIA ASHRAF Vs. JOINT DIRECTOR OF EDUCATION KANPUR

JUDGEMENT

(1.) D. P. Singh, J. Heard Counsel for the parties.

(2.) M. M. Ali Memorial Inter College, Kanpur is a duly recognized minority institution imparting education till the intermediate level but receives grant-in-aid only uptill the High School level. Father of respondent No. 4, Jamil Ahmad, who was working as a permanent clerk in the institution, died in harness on 12-1- 2001. This vacancy of clerk was filled up by promoting one Syed Mehmood Ahmad creating a vacancy on a post of peon, which was advertised by the Management on 2-2-2001 and the petitioner, alongwith others, applied in pursuance thereof. After following the due procedure, petitioner was selected and papers were forwarded to the District Inspector of Schools on 21-5-2001, he approved the appointment of the petitioner on 22-8-2001 and the petitioner joined the institution on 24-8-2001.

(3.) SO far as the ratio in the two cases are concerned, no exception can be taken as that is the law which holds good even till date but, it has to be examined whether the petitioner has any vested right which has been impinged upon by the two orders.