- (1.) Heard Sri A. B. Singh, learned counsel for the petitioner, Sri Rakesh Mishra, learned Standing Counsel and Sri M. D. Singh Shekhar, learned Senior counsel who has appeared on behalf of respondent No. 4.
(2.) Rather than reiterating the facts on which there is no dispute, it would be apposite to reproduce the detailed order of 21 February 2011 which was passed on the instant writ petition and which precisely encapsulates the dispute which is raised: - "The petitioner who was granted compassionate appointment after a series of litigation in this Court by the order dated 10th May, 2007 has filed this petition for quashing the order dated 9th December, 2010 passed by the Director of Medical Education and Training, Uttar Pradesh, Lucknow (hereinafter referred to as the ''Director') by which not only the appointment of the petitioner has been cancelled but a direction has been issued for appointment of respondent no. 4-Manoj Kumar Prabhakar on compassionate grounds.
(3.) It transpires from the record of the writ petition that the mother of the petitioner Ram Rati Devi who was working as a Ward Aaya in the B. R. D. Medical College, Gorakhpur died in harness on 23rd February, 1996. The petitioner, who is the son of Ram Rati Devi, claimed appointment on compassionate grounds. Respondent no. 4-Manoj Kumar Prabhakar, however, was given appointment on compassionate ground which order of appointment was subsequently cancelled by the Director by the order dated 3rd February, 1998 as it was obtained by fraud.;