JUDGMENT

This appeal, by special leave, arises against the judgment of the Andhra Pradesh High Court in Writ Appeal No. 20 of 1981 dated February 3, 1981. The respondent made an application to the appellant to appoint him as a clerk as his father died in harness in 1967 while working in the office of the Auditor-General, Government of India at Andhra Pradesh. He was qualified for appointment. He passed his PUC examination and he applied for the appointment on compassionate grounds. The application made on December 26, 1979 since was not considered nor appointed, he filed Writ Petition No. 6173/79 and the learned single Judge dismissed the Writ Petition. On appeal, while dismissing, the Division Bench declared that the Memorandum is violative of Art. 16(2) of the Constitution as the appointment of descendent is ultra vires of Art. 16(2). However, while granting leave, the appellant had given an undertaking to absorb him in any vacancy that would arise in future. The respondent appears to have been appointed. He is not represented in the appeal.

2. The only question that arises for decision is whether the Memorandum is violative of Art. 16(2) of the Constitution? Article 14 genus provi