Arun Tandon, J. - (1.) HEARD learned Counsel for the Petitioner, Sri Rakesh Kr. Shukla, learned Counsel for Respondent No. 5 and learned Standing Counsel for the State -Respondents.
(2.) SRI . Hanumant Intermedite College, Bamoor, Jhansi (hereinafter referred to as the 'institution') is an aided and recognised intermediate college. In the institution, there are three sanctioned class -III posts, namely, one head clerk and two assistant clerks. Petitioner before this Court is working as Daftri in the said institution since 1978. A vacancy on the post of assistant clerk was caused on 31st July, 2007 with the retirement of one Hari Das Verma. According to the Petitioner, the vacancy is within the quota for promotion in accordance with Regulation 2(2) of Chapter III of the Regulations framed under the U.P. Intermediate Education Act. The Committee of Management of the institution instead of offering appointment to the Petitioner by way of promotion, decided to appointment Respondent No. 5 on compassionate ground against the said vacancy. Petitioner not being satisfied with the order so passed, filed writ petition No. 43122 of 2008. The writ petition was disposed of vide order dated 22nd August, 2008 requiring the District Inspector of Schools to consider the grievance of the Petitioner after affording opportunity of hearing to the parties concerned. The District Inspector of Schools under the impugned order dated 19th September, 2008 has recorded that there are three posts of clerk in the institution, namely, one head clerk and two assistant clerks. The vacancy, which has been caused on the post of assistant clerk falls within the quota for Scheduled Caste and since no candidate within the such category is available for promotion in the institution, the appointment has rightly been offered to a Respondent No. 5 on compassionate ground under Regulations 101 to 106 of Chapter III of the Regulations framed under the U.P. Intermediate Education Act.
(3.) IT is against this order that the present writ petition has been filed.;