By the Court.—We have heard Shri B.N. Singh, learned counsel for the appellant. Shri J.K. Tiwari, learned Standing Counsel appears for the State respondents.

2. This intra Court special appeal is directed against the short judgment of learned Single Judge dated 23.9.2010 by which he dismissed the writ petition filed by the petitioner-appellant against the order of the District Magistrate, Etah dated 25th September, 2008 cancelling the letter of her appointment dated 16th December, 1996, on the post of clerk on compassionate ground on the death of her husband, who died in harness, serving as a clerk in the Collectorate.

3. In the order dated 25th September, 2008 passed by the District Magistrate, he has observed that the petitioner-appellant was appointed on compassionate ground with the condition that she will learn typing within six months of her appointment dated 16th December, 1996. She did not produce any certificate of learning typing for a long period of time. Later on it was found that she was not eligible to be appointed as she did not have essential educational qualifications to be appointed on the post of Junior Clerk. She had passed High School examination in 1981 and had declared that she had passed Madhyama First Part (Visharad) and Madhyama Second Part (Visharad) examination conducted by the Hindi Sahitya Sammelan, Prayag, which is not equivalent to the Intermediate Examination.

4. The District Magistrate got her educational qualifications verified from the Secondary Education Board, U.P. through DIOS, Etah. The Secretary, Secondary Education Board by his letter dated 10th July, 2008 informed that the Prathama, Madhyama and any other examination conducted by the Hindi Sahitya Sammelan, Allahabad is not equivalent to the High School or the Intermediate Examination conducted by the Secondary Education Board, U.P. The petitioner-appellant was given a show cause notice by the District Magistrate on 2nd August, 2008 to establish that she holds educational qualifications to be appointed as Junior Clerk. In her reply dated 5th August, 2008 she requested for one month’s time to reply to the notice on which she was allowed a week’s time. On 13th August, 2008 she requested to extend time for one more week as her son was not keeping good mental health and that he had put all the documents including her educational certificates to fire. She finally submitted a reply on 2nd August, 2008 stating that she had passed High School examination in 1981; Madhyama Examination in Samvat 2052, which is equivalent to the Intermediate Examination, and annexed the marksheets of the Second Part of Visharad Examination of Samvat 2052. She also filed copy of the judgment of the High Court in Ranveer Singh v. State of U.P., 2008(7) ADJ 4 : 2008(4) ESC 2255 (All) which actually related to the dismissal of service on the basis of forged caste certificate.

5. The District Magistrate found that the petitioner does not hold educational qualifications of Intermediate conducted by the U.P. Secondary Education Board, Allahabad or any equivalent qualification and thus her appointment was not in accordance with law and was void.

6. Learned Single Judge held that the petitioner was ineligible to be appointed as the certificate produced by her was not equivalent to the Intermediate Examination, upon verification by the Board. He also found that the ineligibility of the petitioner cannot be cured by virtue of her long years of service as held by the Apex Court in Mohd. Sartaz and others v. State of U.P. and others, 2006(1) ESC 56 (SC).

7. Learned Single Judge, thereafter, considered the plea that since the petitioner did not make any mis-representation, she was entitled for compassionate appointment against a post commensurate to her qualification. He directed that even though the impugned order dated 25.9.2008 does not required interference, she is entitled to a writ of mandamus directing the District Magistrate to appoint her against any Class-I