RITA ROY Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Seth, J. The petitioner claims appointment under Dying in Harness Rules. The respondents by an order dated 11 -1-1996 informed the petitioner that she is not qualified for being appointed on the post of Clerk, on the other hand she was offered Class IV post. The said order has been challenged by means of this writ peti tion.

(2.) MR. R. D. Agarwal learned Coun sel for the petitioner contends that for the post of clerk no height is prescribed. Therefore, the petitioner can not be com pelled to accept Class IV post. Relying on paragraph No. 6 of the counter-affidavit the contends that the petitioner's case for exemption in respect of her height has also referred to the State Government but the same has not yet been decided. Therefore, according to him, the petitioner should have been given appointment in the post of clerk.

(3.) DYING in Harness Rules provides for appointment on compassionate ground to a post commensurate with the qualification of the candidate. It has never provided a right that such candidates are to be accommodated despite having been unqualified. Neither it entitles to relaxa tion of the rules despite disqualification while all others are required to fulfil such qualification. It does not create any such right in favour of a candidate. The compas sion is not subject to such an extent of stretching. It was curbed out an exception to Article 16 of the Constitution and the rules of procedure for recruitment other than the qualification prescribed. There is no scope for dispensing with the prescribed qualification. Simply because claiming appointment on compassionate ground it is not open to a candidate to ask for such appointment even though the candidate lacks qualification. The ap pointment is to be given with in the ambit of recruitment rules with the exception that process of selection shall not be regular one in supersession of Article 16 of the Constitution because of specific provisions contained in DYING in Harness Rules. The petitioner has not been able to show anything that there are separate Rules prescribing qualification for clerical staff in the Police Departrne. it other than those as mentioned in the rule relating to clerical cadre except those governing ap pointment of the Constables.