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Munnulal v. Deputy Director Of Sanskrit Pathshalaye And Another - WRIT - A No. 30802 of 2007 [2007] RD-AH 11832 (12 July 2007)


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Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner. No notice is issued to the respondents No. 4 and 5 in view of the order which is being passed.

By this writ petition the petitioner has prayed for a mandamus commanding the respondents to appoint the petitioner  on the post of clerk in Haleem Muslim Inter College, Kanpur Nagar on  compassionate ground.  Petitioner's case in the writ petition is that the petitioner's father who was working as lecturer died on 6.12.2003.  Petitioner's case is that several representations have been made by the petitioner to the Principal and the District  Inspector of Schools praying for giving  compassionate appointment but he has not yet been granted any appointment. The institution in which the petitioner's father was working is minority institution within the meaning of Article 30 of the Constitution.  There is no material on record to show  that the petitioner has represented the matter to the management for consideration of compassionate  appointment.

In the facts of the present case  ends of justice be served in disposing of the writ petition giving liberty to the petitioner to make a representation to the respondent no. 4  Committee of Management raising his grievance.   If any such representation is  made by the petitioner within a period of two weeks, the same may be considered and disposed of expeditiously in accordance with law.    It is made clear that this Court is not expressing any opinion on the merits of the case.

With the above observations the writ petition is disposed of.    



Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition the petitioner has prayed for mandamus directing the  respondent No. 1 to decide the representation of the petitioner dated 7.6.2002 which is pending for creation of post.   In writ petition the petitioner has referred a letter of the Management dated 7.6.2002 for creation of post.  No mandamus can be issued for creation of any post  of clerk or class IV employee in the college as prayed by the petitioner.  The relief as prayed in the writ petition cannot be granted.

The writ petition is dismissed.




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