- (1.) Heard learned counsel for the parties.
(2.) Committee of Management of Sarvodaya Mandir Inter College, Mahwatpur, Bawali, Baghpat through its Manager has filed this writ petition seeking quashing of the orer dated 01.09.2010 passed by the District Basic Education Officer with a further mandamus directing the respondents not to permit Manish Tomar, respondent no. 5 to work on the post of Assistant Teacher on the basis of compassionate appointment.
(3.) Facts in short leading to the present petition are as follows : Father of respondent no. 5 (Manish Tomar) was appointed in the petitioner's institution when the same was only a Junior High School. The institution at that stage was also aided. The institution came to be recognised as a High School on 11.07.1993 and thereafter as an Intermediate College in the year 1997. Recognition granted for the High School and Intermediate classes was admittedly Vitvihin. Father of respondent no. 5 expired on 25.08.2010 during harness. He was a teacher of the Intermediate College but was getting salary from the office of the Basic Shiksha Adhikari as the institution was receiving aid only up to the Junior High School level.;