- (1.) Heard learned Counsel for the Petitioner and learned Standing Counsel for the State and perused the record.
(2.) The brief facts giving rise to the writ petition are discussed hereinafter. Jain Vidya Mandir Inter College (in short 'the College') is a recognized college where the education is imparted up to the level of Intermediate classes. Petitioner's father was Lecturer in the college. Unfortunately, he died on 21.11.1998. The Government Order dated 02.02.1995 provides that a person qualified may be appointed as Assistant Teacher on compassionate ground. In pursuance thereof, the Petitioner submitted an application on 05.12.1998 to the District Inspector of Schools, Bijnor, for his appointment on compassionate ground. The District Inspector of Schools has recommended the Petitioners' appointment as Assistant Teacher in JVM Inter College on compassionate ground. Since he fulfilled the terms and conditions of the Government Order dated 02.02.1995 the DIOS has approved the recommendation of the Committee for the appointment of the Petitioner as Assistant Teacher on 06.01.1999 (a copy of which is Annexure-1 to the writ petition). After getting approval from the District Inspector of Schools dated 06.01.1999 the authorized Controller of the Institution issued the appointment letter to the Petitioner on 15.02.1999 as Assistant Teacher, a copy of which has been filed as Annexure-2 to the writ petition. The Petitioner joined his service on 16.02.1999, a copy of which has been filed as Annexure- 3 to the writ petition.
(3.) The Petitioner relied on a decision of this Court Sanjeev Kumar Dubey v. District Inspector of Schools Etawah and Ors., 1998 2 UPLBEC 1393 in which the court has held that no person can be appointed as Assistant Teacher on the compassionate ground and struck down the Government Order dated 02.02.1995. The operative portion of the judgment in case of Sanjeev Kumar Dubey is follows as under: Para-13. In the circumstances, I am of the opinion that the Government Order dated 02.02.1995 as well as the proviso to Section 16(2) of the U.P. Secondary Education Services Selection Boards Act, 1982, are ultra vires. Hence the Petitioner cannot be appointed as a teacher under the Dying-in-Harness Rules. In my opinion, no appointment to the post of a teacher can be made under the Dying-in-Harness Rules and any rule which permits this is unconstitutional. Merely because a person's father was a teacher does not entitle the son to get appointment as a teacher under the Dying-in-Harness Rules. However, I direct that the Petitioner shall be offered a job as Class-III employee within a month of the production of the certified copy of this order before Respondent No. 1.;