Vivek Chaudhary, J. - (1.) Heard learned counsel for petitioner, Shri Afzal Siddiqui, learned counsel for opposite party no. 2 and learned standing counsel for State. Shri Rahul Gupta, the Registrar/Inspector, Arbi Farsi Madarsa, U.P. is present in person.
(2.) Petitioner has filed present writ petition challenging the order dated 03.11.2017 passed by opposite party no. 3.
(3.) The facts of the case are that father of petitioner expired on 26.10.2014 while he was working as Assistant Teacher/Tahtania with the Madarsa Madinatul-Ulom, Rasauli, District-Barabanki. Submission is that at the time of death of petitioner's father, there were no Rules for giving any appointment to the dependents of the deceased employee but such Regulations namely, Uttar Pradesh Ashaskiya Arbi Aur Farsi Madarsa Manyta, Prashashan Aur Seva Viniyamavali, 2016 have come into force and under Regulation 10 thereof, procedure for appointment under Dying in Harness is provided. Submission of learned counsel for petitioner is that since the death of father of petitioner took place within five years prior to coming into force of said Rules, hence, petitioner under Rule 10(2) of aforesaid Rule can file an application for appointment and his application is liable to be considered on merits.;