Compassionate appointment is an exception to the principle of equality of opportunity and must be in compliance with the rules or scheme governing compassionate appointment.

JUDGMENT

Dr Dhananjaya Y Chandrachud, J. - Leave granted.

2. The appeal arises out of a judgment of a Division Bench of the Allahabad High Court dated 25 August 2020. The Division Bench dismissed the intracourt appeal filed by the appellants against the judgment of a Single Judge of the High Court dated 5 November 2019 directing the appellants to consider the candidature of the respondent for appointment to a Class IV post on compassionate grounds.

3. The father of the respondent was employed by the Government of Uttar Pradesh as a driver in the Office of Economics and Statistics Officer at Shahjahanpur. He died in harness in 2015. The respondent was appointed on a 'temporary basis' in the Class III post of a Junior Assistant at the Office of Economics and Statistics, Shahjahanpur. The letter of appointment dated 30 May 2016 stipulates that the respondent has to acquire a typing speed of twenty five words per minute within a year in terms of the condition stipulated in Rule 5(1) of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness (Tenth Amendment) Rules 2014['2014 Rules']. Clause 4 of the letter of appointment is in the following terms:

'4. As per the condition stipulated in Rule 5(1) of the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness (Tenth Amendment) Rules, 2014, the appointed person is expected to acquire, within one year, the typing speed of 25 words per minute and CCC certificate in computer operation by D.O.E.A.C.C. Society or certificate declared to be equivalent thereto by the Government and in case he fails to do so, then his general annual increment shall be withheld and a further period of one year shall be granted to him to acquire the requisite speed of typing, and if in the extended period also he again fails to acquire the requisite speed in typing, his services shall be dispensed with.'

4. Rule 5 of the Dying in Harness Rules as amended in 2014 by the Tenth Amendment to the Rules, which was notified on 17 January 2014, inter alia, contains the following stipulation:

'Provided further that in case appointment is to be made on a post for which the knowledge of computer operation and typewriting has been prescribed as an essential qualification and the dependent of the Government servant does not possess the required proficiency in computer operation and typewriting, he shall be appointed subject to the condition that he would acquire the CCC certificate in computer operation awarded by the DOEACC Society or a certificate equivalent thereto from an Institution recognised by the Government together with the required speed of 25 words per minute in typewriting well within one year and, if he fails to do so, his general annual increment shall be withheld and a further period of one year shall be granted to him to acquire the required certificate in computer operation and the required speed in typewriting and if in the extended period also he again fails to acquire the in required certificate computer operation and the in required speed typewriting, his services shall be dispensed with.'

5. The respondent acquired a certificate of proficiency in computers. He failed in his first attempt of the typing test. He was intimated by an OM dated 20 March 2017 that he had a typing speed of only 6 words per minute and had therefore not achieved the requisite speed of 25 words per minute. Thereafter, he was given a second opportunity to clear the typing test on 7 August 2019. On 8 August 2019, it was notified that the respondent did not clear the typing test. On 11 September 2019, the Deputy Director (Economic and Statistics) of Bareilly Division terminated the services of the respondent.

6. The respondent instituted a writ petition under Article 226 of the Constitution before the High Court of Judicature at Allahabad seeking to quash the order dated 11 September 2019 terminating the employment of the respondent and a mandamus directing the petitioners to reinstate h