COMMITTEE OF MANAGEMENT J.V. JAIN DEGREE COLLEGE, SAHARAN-PUR THROUGH ITS MANAGER AND ANOTHER Vs. STATE OF U.P. THROUGH PRINCIPAL SECRETARY (HIGHER EDUCATION) U.P. GOVT., LUCKNOW, U.P. AND OTHERS

JUDGEMENT

(1.) HEARD Shri Nitin Sharma, learned Counsel for the peti­tioners, Shri Ajay Kumar Srivastava holding brief of Shri P.K. Srivastava for the respondent No. 6 and the learned Standing Counsel for the respondent Nos. 1 to 5.

(2.) THE challenge in this petition is to the orders passed by the authorities dated 10.9.2009 and 13.10.2009 calling upon the petitioner-Committee of Management to allow the respondent No. 6 to function as Routine Grade Clerk in the institution under the Compassionate Appointment Rules. The Committee of Management has questioned the said orders on two grounds namely that the selection and appointment of the respondent No. 6 is not in accordance with the provisions of the Government Order dated 21st November, 1995, copy whereof is Annexure 9 to the writ petition and secondly that the post in question could not have been offered to a Scheduled Caste Category candidate, inasmuch as, the said quota is not available for being filled up in that category.

(3.) THIS Court had called upon the learned Standing Counsel vide order dated 4.11.2009 to clarify as to what is the meaning of the word "concerned Principal" as referred to in Clause 4 of the said Government Order. Shri K.K. Chand, learned Standing Counsel has produced the instructions received from the Director of Higher Education dated 7th November, 2009, where it has been stated that the Principal of the concerned institution means that institution where the deceased employee was working or the institution where the ap­pointment is proposed.