S.R.Singh, J. - (1.) The vexed question that begs determination in this Special Appeal is whether the third proviso to Section 16 (1) of the U. P. Secondary Education Service Selection Boards Act, 1982 and the Notification No. 300/XV/72 (1)/90, Shiksha Anubhag-7, Lucknow, dated February 2, 1995 which enable appointment of the dependent of a teacher or other employee of an institution dying-in-harness as a teacher in trained graduate grade, are ultra vires the Constitution.
(2.) A brief sketch of necessary facts giving rise to Special Appeal No. 426 of 1998 is that the appellant's father, Sri Narain Prasad Dubey. a Science demonstrator in Sri Radha Ballabh inter College, Phaphund in the district of Etawah. was spirited away by death while in harness on 31.12.1993. The appellant staked his claim for compassionate appointment as demonstrator in the Institution vide application dated 24.7.1995. The Committee of Management of the institution adopted a resolution on 10.3.1996 for appointing the appellant as demonstrator on compassionate ground. The resolution passed by the Committee of Management was frowned upon with disapproval on the premises that the appellant fell short of requisite training in order to qualify for appointment as a teacher. The appellant was communicated with accordingly, by the District Inspector of Schools vide letter dated 30.9.1997 which was made the subject matter of impugnment in the writ petition from which has stemmed the Instant special appeal. The learned single Judge held the view that the third proviso to sub-section (1) of Section 16 of the U. P. Secondary Education & Service Selection Boards Act, 1982 which enables appointment of the dependent of a teacher or other employees of an Institution dying-in-harness as a teacher in trained graduate grade in accordance with the regulations made under sub-section (4) of Section 9 of the U. P, Intermediate Education Act. 1921. Is ultra vires the Article 14 of the Constitution. The Notification dated 2.2.1995 was also struck down by the learned single Judge on the ground that it constituted Infraction of Article 14 of the Constitution.
(3.) We have had heard counsel for the appellant and the learned Standing Counsel representing the State.;