Court No. - 58
Case :- WRIT - A No. - 10396 of 2018 Petitioner :- Abdul Alim Respondent :- Uttar Pradesh Arabic Madarsa Education Board And 02 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Learned counsel for the petitioner is permitted to correct the description of respondent no.3 in the array of parties.
Petitioner's father was an Assistant Teacher in Madarsa, who has died in harness on 8.3.2018. Petitioner, who is the youngest son of the deceased, has applied for grant of compassionate appointment alongwith no objection certificate of other family members. His claim has been processed and appointment has been offered to class IV post with clear stipulation that he shall join within ten days from the date of such appointment, otherwise his appointment shall stand automatically cancelled.
Learned counsel for the petitioner has invited attention of the Court to regulation 10(6) of the Uttar Pradesh Non Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulations of 2016, as per which appointment is to be offered on the basis of qualification possessed by the applicant provided there is a vacant post. In such circumstances, a compassionate appointment can be offered on the post of Assistant Teacher or Clerk and only in its absence, a class IV appointment is to be offered. It is contended that in the institution, three vacant posts of Assistant Teacher are available and the petitioner also possesses requisite qualification, and therefore, his claim for appointment on the post of Assistant Teacher is liable to be considered.
Learned Standing Counsel submits that all such issues can be examined by the respondent no.1.
Considering the nature of order proposed to be passed notice need not be issued to respondent no.3 and the writ petition is being disposed of, at this stage itself.
Since any appointment in the Madarsa would require prior approval of the Registrar in terms of regulation 10(8), it would be appropriate to permit the petitioner to approach respondent no.1, alongwith certified copy of this order, within a period of two weeks from today. Petitioner shall be at liberty to annexe all materials in support of his claim as also the material to show that there are vacancies available in the institution and he possesses requisite qualification. In case such a claim is raised, respondent no.1 shall cause a notice to respondent no.3 institution and after affording opportunity to it, proceed to pass an order, in accordance with law, within a further period of six weeks, thereafter. Appointment order issued to petitioner on 16.4.2018 shall abide by the fresh order to be passed by the respondent no.1, as indicated above.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 24.4.2018 Ashok Kr.