RAJAN ROY, J. - (1.) HEARD Sri R.K. Ojha, learned senior counsel assisted by Sri Rakesh Kumar Shukla, learned counsel for Sri R.K. Mishra, Sri Satish Chandra Mishra for the Committee of Management, Sri Ashok Kumar Verma, learned counsel for Sri A.K. Mishra and Sri Ved Byas Mishra, learned counsel for the University.
(2.) ALL the above mentioned writ petitions involve related issues, therefore, the same have been clubbed, heard and are being decided together. Writ Petition No.22709 of 2003 was heard as the leading writ petition. The issues involved herein pertain to the validity of the alleged appointment of Rajnish Kumar Mishra on the post of clerk in the college in question and his entitlement thereto, the validity of appointment of Sri Ashish Kumar Mishra on the said post as also the validity of the orders dated 15/17.12.2012 passed by the D.I.O.S. and the order dated 22.08.2013 passed by the Joint Director of Education.
(3.) THE father of the petitioner of Writ Petition No.22709 of 2003 -Rajnish Kumar Mishra (hereinafter referred to as R.K. Mishra), who was working as Assistant Teacher in the respondent college, died in harness on 21.08.2000. As per the averments made in paragraph -4 of the writ petition, the petitioner applied and approached the Chancellor and Principal for appointment under the Dying in Harness Rules. The Principal of the college also forwarded the claim of the petitioner on 06.12.2000 to the University. In response thereto, certain information was sought by the University vide letter dated 20.01.2001. In the meantime, on 09.07.2001, the Committee of Management (respondent No.7 in Writ Petition No.22709 of 2003) was recognised by the University. Thereafter, the University approved the proposal of the Principal of the college for compassionate appointment of the petitioner against a supernumerary post on 12.10.2001 as the only sanctioned post was already occupied.;