Arun Tandon, J. - (1.) HEARD Sri Kshetresh Chandra Shukla, learned Counsel for the petitioner, Sri P.S. Baghel, learned Counsel for respondent Nos. 2 and 3, Sri Shailendra, learned Counsel for respondent No. 4 and Assistant Solicitor General of India for respondent No. 1.
(2.) THIS petition, which was initially a simple writ petition for a writ of mandamus commanding the Ewing Christian College, Allahabad to offer compassionate appointment to the petitioner, stood converted into a writ petition raising serious legal issues, with regard to the status, Statutory provisions applicable to the Staffs of Ewing Christian College as well as Control exercised by the University of Allahabad over the said institution. Following issues require determination by the Court in view of the contentions raised on behalf of the parties: (i) Whether the Ewing Christian College continues to enjoy the Status of autonomous college after the enforcement of Act No. 26 of 2005 i.e. University of Allahabad Act, 2005 ( The University of Allahabad being declared as Central University), (ii) Whether the Vice -Chancellor of the University of Allahabad had any legal authority to extend the alleged autonomous status of the Ewing Christian College for a further period of one year as per the letter of the Registrar of Allahabad University dated 15 May, 2006 (Annexure -C.A. -3 to the Counter affidavit filed on behalf of Ewing Christian College), (iii) What if any are the privileges available to an constituent college on being granted autonomy. (B) (i) Whether the provision pertaining to the appointment of a dependent on compassionate ground would be applicable in respect of employees of Ewing Christian College dying during harness (ii) Whether in the facts of the present case, petitioner is entitled to such compassionate appointment or not.
(3.) IT has become necessary for the Court to adjudicate upon the legal issues raised, inasmuch as the right to claim compassionate appointment by a dependent of a deceased employees, vis -a -vis the status of Ewing Christian College, would be dependent upon the Statutory provisions which would be applicable. In absence of such determination the Court cannot examine as to whether there exists any legal provision on the basis whereof the application of the petitioner can be processed. Facts:;