- (1.) A. K. Yog, J. Petitioner filed an application (No. 146791 of 2002) with the prayer that this Court be pleased to allow the application and dismiss the above noted Writ Petition as withdrawn so that justice may be done.
(2.) PARAS 4, 5 and 6 of the affidavit filed in support of the withdrawal application reads - " (4 ). That, against the aforesaid orders dated 24-7-1999 and 28-7-1999, the present writ petition has been filed before this Hon'ble Court. (5 ). That, since the matter is going to be settled as such the petitioner wants to withdraw the aforesaid writ petition because she does not want to press the same. (6 ). That, it is, therefore, expedient in the interest of justice that this Hon'ble Court may be pleased to dismiss the Writ Petition as withdrawn so that justice may be done. " It may be recalled that the report submitted by Officer-in-charge Nazarat (Additional District Judge) dated 24-7-1999 approved/endorsed by the then District Judge, Bijnor vide order dated 28-7-1999 (Annexure-7 to the Writ Petition), shows that the petitioner had passed Class III only in the year 1999 the minimum educational qualification, required for the post of Class IV employee in a District Judgeship is Class VIII as per true copy of T. C. (issued by the Head Master of the concerned School) petitioner was over age by 1-1/2 years. The report-contains observations of this Court in the case of Rita Roy v. State of U. P. , passed in Writ Petition No. 12953 of 1996, decided on 12-9-1997 as follows - "dying in harness rules provides for appointment on compassionate ground to a post commensurate with the qualification of the candidate, it has never provided a right that such candidates are to be accommodated despite having been unqualified, neither it entitles to relaxation of the rules despite disqualification while all others are required to fulfil such qualification. It does not create any such right in favour of a candidate. The compassion is not subject to such an extent of stretching with the prescribed qualification. The appointment is to be given within the ambit of recruitment rules with the exception that process of selection shall not be regular one in suppression of Article 16 of Specific Provisions contained in dying harness rules. " This Court is unable to appreciate as to how the parties, in a matter as present one can settle the matter outside the Court.
(3.) EVEN if it be presumed that petitioner pursued to studies ever since 1999 still she could not pass beyond 6th standard- (i. e. in three years ). Therefore, by no stretch of imagination, petitioner can claim to have pursued her education up to Class VIII (as on date) so as to become qualified academically. Besides the above, it cannot be ignored that acquiring educational qualification, subsequent to the death of the deceased employee cannot cure the ineligibility in as much as the applicant, who claims appointment on compassionate ground, must be eligible and qualified when the employee died. The only permissible relaxation on the ground of compassionate appointment is that such an applicant need not be subjected to regular selection process.;