TARUN AGARWALA, J.

( 1 ) THE father of the petitioner was working as a Lecturer in Economics in S. R. P. National Inter college, Handia, district Allahabad and died in harness on 27. 4. 1984. The petitioner applied for an appointment on compassionate ground. On 23. 10. 1992, the petitioner was issued an appointment on the post of an Assistant Clerk. By a notification dated 2. 2. 1995, Regulation 101 to 107 of Chapter III of the Regulations framed under the Intermediate Education Act, were substituted and Regulation 103 provided that a dependant of an employee, who died in harness could be given an appointment on the post of a teacher, provided he possessed the prescribed requisite academic qualifications. This Regulation 103 was also made applicable to those employees, who died on or after 1. 1. 1981.

( 2 ) BASED on Regulation 103, as substituted by notification dated 2. 2. 1995, the petitioner made a representation dated 13. 12. 1995 to the respondents for being appointed as a teacher on the ground that he possessed the requisite qualification at the time when he was given the appointment in the year 1992. In the year 2001, the petitioner made another representation and, thereafter, filed Civil Misc. writ Petition No. 5143 of 2002, which was disposed of with a direction to the District Inspector of Schools, Allahabad, to decide the representation of the petitioner. The petitioners representation was rejected by an order dated 15. 6. 2002 by the district Inspector of Schools, Allahabad, on the ground that once the petitioner had availed the benefit of an appointment under the Dying in Harness Rules, he could not get another benefit of a compassionate appointment on the post of a teacher. Consequently, the present writ petition has been filed for the quashing of the order passed by the District Inspector of Schools, allahabad dated 15. 6. 2002 and for a writ of mandamus commanding the respondents to appoint the petitioner on the post of an Assistant Teacher.

( 3 ) HEARD Sri Surendra Prasad, the learned counsel for the petitioner and Sri Sandeep Mukerji, the learned counsel appearing for the respondents.

( 4 ) THE learned counsel for the petitioner submitted that in view of Regulation 103 which is applicable to those employees, who had died on or after 1. 1. 1981, the petitioner is liable to be re-considered by the respondents for the post of a teacher in view of the fact that his father had died in the year 1984 and that the petitioner possessed the requisite qualification for being appointed on the post of a teacher. In support of his submission the learned counsel for the petitioner has relied upon a decision in Sudhakar Srivastava v. Deputy Director of Education and Ors. [2001] 1 UPLBEC 890 in which it was held that if under compelling circumstances, a person had opted for a post, which was offered to him, the same would not deprive him from his legal rights in getting an appointment on the post of an Assistant Teacher, if he possessed the requisite qualifications and was eligible for being appointed on the post of a teacher.

( 5 ) THE learned counsel for the petitioner has also relied upon a decision of the Supreme Court in surya Kant Kadan v. State of Karnataka and Ors. 2001 [2] ESC 346 in which the petitioner/ appellant was appointed on compassionate ground as an Assistant Clerk, the Supreme Court held, that appointing the appellant, as an Assistant Clerk, was discriminatory and directed the respondents to appoint the appellant as a Sub Inspector.

( 6 ) THE learned counsel for the petitioner also placed reliance of a judgment in Special Appeal no. 170 of 1997, Sanjay Pratap Singh v. The Consolidation Commissioner and Ors. , decided on 18. 2. 2002 wherein a Division Bench of this Court held that the appellant was liable to be appointed on the post of a Consolidator and that his appointment on the post of a clerk was discriminatory.

( 7 ) IN my opinion, the petitioner is not entitled for any relief and the judgments cited by

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