MANOJ MISRA, J. - (1.) THE facts giving rise to this petition are that the petitioner's father worked as a Class IV employee in Diggvijay Nath Inter College, Chowk Bazar, District Mahrajganj, which is a duly recognized and Government aided Institution, governed by the provisions of U.P. Intermediate Education Act, 1921 and the regulations framed thereunder. Petitioner's father died in harness on 18.1.2006. The petitioner, who held requisite qualification for being appointed as an Assistant Teacher, moved an application before the Principal and the Committee of Management of the Institution, as also the District Inspector of Schools, Mahrajganj thereby seeking appointment on compassionate ground. The Principal of the college forwarded the necessary papers to the District Inspector of Schools, Mahrajganj. However, when no action was taken, the petitioner was constrained to file a Writ Petition No. 60908 of 2006 before this Court, which was disposed of by order dated 15.12.2006 thereby directing the District Inspector of Schools to look into the matter and to take necessary decision within a specified period. In pursuance of the direction given by this Court, the District Inspector of Schools vide his order dated 23.12.2006 found the petitioner to be entitled to appointment on compassionate ground and thereby directed the management of the college to forward the proposal for appointment of the petitioner on a post suitable to his qualification so that appointment could be made after recommendation of the selection committee. Thereafter, the matter pertaining to the appointment of the petitioner on compassionate ground was placed before the selection committee, which recommended that the petitioner should be appointed as Assistant Clerk, which post was lying vacant in the Institution. The District Inspector of Schools vide his letter dated 12.2.2007 communicated the decision of the selection committee to the Manager/Principal of the college and directed the management to complete the formalities relating to appointment. The direction as contained in the letter dated 12.02.2007 is being quoted hereinunder: @ Hindi @
(2.) THE aforesaid direction of the District Inspector of Schools was not complied with. Neither any letter of appointment was issued nor the petitioner was permitted to join his duties. Accordingly, on 8.3.2007, the petitioner submitted a representation to the District Inspector of Schools, Maharajganj, for suitable direction to the Manager/Principal of the institution to permit him to join the duty as an Assistant Clerk of the Institution. In the meantime, the Committee of Management passed a resolution on 17.12.2006 thereby proposing to appoint the petitioner on Class IV post instead on the post of Assistant Clerk, which is a class III post. However, the District Inspector of Schools, Maharajganj by his order dated 21.3.2007 rejected the resolution of the management seeking to appoint the petitioner on a Class IV post and directed the Manager to appoint the petitioner, as per the recommendation of the Selection Committee, on the post of Assistant Clerk. Despite specific direction by the District Inspector of Schools, the Manager did not appoint the petitioner. Thereafter, the District Inspector of Schools instead of taking action against a recalcitrant management repeated its directions vide letters dated 05.05.2007 and 22.05.2007, but to no effect. The stubborn attitude of the management was to such an extent that vide its letter dated 19.06.2007 it informed the District Inspector of Schools that they held their own enquiry, and took interview of the petitioner, and found him suitable for appointment on a Class IV post, therefore, their proposal to appoint the petitioner on Class IV post be approved. Aggrieved by the letter dated 19.6.2007, the petitioner has filed the present petition claiming, inter alia, that there being a vacant post of Assistant Clerk in the Institution and that the Selection Committee having found him fit and eligible for appointment to that post, the management of the institution had no jurisdiction to over rule the Selection Committee and propose for his appointment on a lower Class IV post. The petitioner prayed for quashing of the letter dated 19.06.2007 and for direction to the respondent- Committee to appoint the petitioner on a Class III post in the Institution.
(3.) ON 20.7.2007, the petition was entertained and the Court passed an order, which reads as under: "Issue notice to respondent No. 3. Steps be taken within a week. Learned Standing Counsel has accepted notice on behalf of respondents no. 1 and 2. Learned counsel for the petitioner contends that the petitioner was issued appointment on the post of Clerk on compassionate ground vide order of the District Inspector of Schools dated 12.2.2007. By a subsequent order dated 22.5.2007, the Committee of Management was directed by the District Inspector of Schools to appoint the petitioner as a class III employee. But the Committee of Management did not appoint the petitioner on the post of clerk in the institution in question and sent the impugned letter dated 19.6.2007 to the District Inspector of Schools to the effect that the Committee of Management did not found the petitioner fit for appointment as Clerk and recommended the petitioner for appointment on class IV post. Learned counsel for the petitioner further contends that petitioner is qualified for appointment on class III post and there is no power with the Committee of Management to judge the suitability of the petitioner and to refuse the petitioner from joining. Let respondents file counter affidavit within six weeks. Rejoinder affidavit may by filed within two weeks thereafter. In the meantime, the impugned order dated 19.6.2007 (Annexure- 9 to the writ petition) shall remain stayed." ;