Honble Arun Tandon, J.—Mahatma Gandhi Memorial Public Muslim Inter College, Kiratpur, Bijnor is an aided and recognized Intermediate College. The said institution has been declared to be a minority institution. The provisions of Intermediate Education Act and those of U.P. Act No. 24 of 1971 are applicable to teachers and staff of the said institution. The Committee of Management of the institution made an application before the District Inspector of Schools seeking permission to make selections/appointment on 8 vacancies of Assistant Teachers which were lying vacant. The permission applied for was granted by the District Inspector of Schools vide order dated 27.8.2007. The Committee accordingly published Advertisements in newspaper namely Daily Shah Times, Rashtriya Sahara Urdu and Dainik Jagran respectively. A Selection Committee stated to have been constituted in accordance with Section 16-FF of the Intermediate Education Act. The Selection Committee recommended the petitioner for appointment against one of the advertised vacancies. The recommendation of the Selection Committee were placed before the Committee of Management which approved the said selections and vide letter dated 1.11.2007 sought approval from the District Inspector of Schools qua the appointment so made in accordance with Section 16-FF of the Act.

2. Since no action was taken by the District Inspector of Schools the Committee filed Civil Misc. Writ Petition No. 16012 of 2008. The writ Court disposed of the same vide order dated 2.4.2008 requiring the District Inspector of Schools to take appropriate decision on the papers received within the time specified.

3. The District Inspector of Schools approved appointment of five teachers only which did not included the name of the petitioner. In his place one Mohd. Asif Iqbal was approved for appointment as Assistant Teacher on compassionate ground. This order of the District Inspector of Schools dated 20.11.2008 is being challenged by means of the present writ petition.

4. According to the writ petitioner appointment of Mohd. Asif Iqbal has been approved for appointment on compassionate ground and that he was not amongst the candidate selected in pursuance to the advertisement. To be precise it is stated that the papers qua appointment of Mohd. Asif Iqbal were transmitted separately to the office of the District Inspector of Schools only on 23.5.2008. It has been contended before this Court that the District Inspector of Schools inter-mixed the compassionate appointment of Mohd. Asif Iqbal with that of direct recruitment of the petitioner. The Committee of Management had issued appointment letter in favour of the petitioner and in pursuance thereto he had joined on 21.1.2008.

5. This Court while entertaining the writ petition on 18.12.2008 stayed the appointment of Mohd. Asif Iqbal on the ground that Regulation 103 to 107 of Chapter III of Regulations framed under the Intermediate Education Act are not applicable to minority institution.

6. A counter affidavit has been filed on behalf of respondent Mohd. Asif Iqbal and it is contended that father of the said respondent was working as L.T. Grade Teacher (Commerce) in the institution. He expired during harness on 4.11.2003. The said respondent made an application for compassionate appointment which was not considered by the Committee of Management/District Inspector of Schools. Ignoring the pendency of the said application for compassionate appointment, permission to fill in the vacancy by direct recruitment was granted under letter dated 27.8.2007. It has been stated that vide notification dated 9.8.2001 amendments have been made in Regulation 103 of Chapter III of the Regulations framed under the Intermediate Education Act. By such amendment relevant sentence qua Regulation 103 being not applicable to minority institution has been deleted. It, therefore, logically follows that in respect of minority institutions also, provisions of Regulation 103 are attr