- (1.) The petitioner's mother was an Assistant Teacher in a Primary School. She died in harness. The petitioner is claiming compassionate appointment. The appointments on the post of teachers are now governed by the Right to Free and Compulsory Education to Children Act, 2009. The petitioner does not fulfill all the qualifications under the said Act, and therefore, he cannot be appointed as a Teacher.
(2.) The petitioner has been offered a Class IV appointment. He has come up praying for a mandamus that he should be offered at least a post which is commensurate to his educational qualifications, inasmuch as, the petitioner is a post graduate in Commerce. Learned counsel submits that a Class III post can be offered to the petitioner.
(3.) There is no post of Class III in a Primary School. The petitioner is not seeking employment in a Government Organization. The petitioner is covered by the Basic Education Staff Rules, 1975 and the Government Orders framed thereunder. In the circumstances, due to non-availability of such a post in a School, no such relief can be claimed as a matter of right by the petitioner. Needless to repeat that petitioner's mother was an Assistant Teacher in a Primary School and as such the petitioner cannot aspire for anything more apart from that.;