B.M. Lal, J. - (1.) BY means of the present petition under Article 226 of the Constitution, the petitioner seeks a writ of mandamus directing the respondents to appoint him as a clerk in Kisan Inter College, Babhnan, Basti, district Basti. In short, the case of the petitioner is that his father late Sri Ambika Prasad Misra, who was working as Lecturer in the aforesaid College, died in harness on 4 -4 -1990. Soon after the death of his deceased father, the petitioner, who has admittedly passed Intermediate Examination, applied for appointment on the post of clerk in the aforesaid College on compassionate ground. However, when no action was taken by the respondents, he has approached this Court for redressal of his grievance.
(2.) THIS Court while admitting this petition by order dated 7 -5 -1991 directed the Management of the College to consider the appointment of the petitioner in the light of the decision of the Apex Court in Smt. Sushma Gosain v. Union of India : AIR 1989 SC 1976. However, learned counsel for the petitioner stated that despite the order of this Court dated 7 -5 -1991 petitioner has not been appointed as yet. Before dealing with the points raised in the counter -affidavit filed on behalf of Management of the College, this Court first expresses its disapproval of the way in which the Management has behaved in this pitiable case.
(3.) PETITIONER 's allegation is that despite there being a post, he has not been appointed.;