- (1.) This Special Appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, seeks to challenge the judgment dated 6 May 2009 of a learned Judge of this Court by which the writ petition filed for seeking a direction to the respondents to offer appointment to the petitioner on compassionate grounds has been dismissed.
(2.) It is not in dispute that the institution in which the father of the writ petitioner was working was a minority institution. The father of the writ petitioner died in harness on 27 November 1998. The claim of the writ petitioner for granting compassionate appointment has been rejected for the reason that the provisions of Regulation 103 of the Regulations contained in Chapter III of the U.P. Intermediate Education Act, 1921 (the act) do not apply to minority institutions.
(3.) Learned counsel for the appellant has submitted that the writ petitioner should have been granted compassionate appointment in view of the Division Bench judgment of this Court in Committee of Management, National Inter College & Ors. Vs. State of U.P. & Ors., 2012 4 ESC 2183.;