RAJEEV YADAV Vs. STATE OF U P

JUDGEMENT

(1.) IN the present case petitioner has approached this Court requesting therein that writ of mandamus be issued directing District Basic Education Officer to appoint the petitioner on compassionate grounds. Brief background of the case is that Smt. Prema Devi functioned as Assistant Teacher in Primary Vidyalay Dakhepur, Areqa Saidpur, District Ghazipur. Petitioner submits that she was issue less and her husband had also died earlier. He got made adoption deed dated 07.04.2004 which was registered. Petitioner submits that Smt. Prema Devi died on 06.05.2004. Petitioner has contended his claim for compassionate appointment be accepted and as nothing has been done then present writ petition has been filed. Learned counsel for the petitioner Sri M.R. Gupta, contended with vehemence that petitioner's claim for compassionate appointment in all eventually is liable to be accepted as such writ petition deserves to be allowed. Countering said submission Sri K.S. Kushwaha contended that claim of the petitioner is nothing but an outcome of manipulation and manoeuvring, as such writ petition as it has been framed and drawn on admitted position is liable to be dismissed. After respective arguments have been advanced factual position which is emerging in the present case is that petitioner claims that he has been adopted child of Smt. Prema Devi on the basis of adoption dated 17.02.1997. Said adoption deed has been got registered on 07.04.2004 i.e. after seven years of said adoption. Most surprising feature of the entire proceedings are that petitioner has passed his High School Examination in the year 2005 and in the said examination records name of his natural parents Smt. Sushama devi and Devlash Yadav has been mentioned. All these circumstance clearly shows and substantiate that theory of adoption has been set up only with sole objective to claim compassionate appointment. Once adoption dated 17.02.1997 was already there as has been alleged by the petitioner and same was got registered on 07.04.2004 then there was no occasion for the petitioner to give details as mentioned in High School certificate describing the name of his natural parents i.e. Smt. Sushma Devi and Devlash Yadav. IN these circumstances once this is factual position then it is writ apparent that theory of adoption has come forward only with the sole object to get compassionate appointment by any means, and in the background mentioned above, no credibility could be attached to the same. Consequently, on this admitted position this Court refuses to interfere in the matter. Writ petition, as it has been framed and drawn is dismissed.