Hon’ble Devi Prasad Singh, J.—This writ petition under Article 226 of the Constitution of India, has been preferred against the impugned orders dated 6.5.2008 and 16.6.2008 passed by the District Inspector of Schools, Varanasi contained in Annexures 7 and 8 to the writ petition, granting compassionate appointment to the opposite party No. 4 in the petitioner’s Institution, a minority Institution duly recognized under the U.P. Intermediate Education Act, 1921 (in short ‘the 1921 Act’) and the regulations framed thereunder and also receiving grant-in-aid from the State Government.

The question involved in the writ petition is of public importance, as to whether, the minority educational institution protected under Article 30 of the Constitution of India, can be compelled by the authorities under the 1921 Act and the regulations framed thereunder, to make appointment on compassionate ground?

2. The petitioner No. 1, is the Committee of Management of a recognized Intermediate College under the 1921 Act and receiving grant-in-aid from the State Government. Admittedly, it is governed by the provisions of the 1921 Act as well as the U.P. High Schools and Intermediate Colleges (Payment of Salary to Teachers and Other Employees) Act, 1971 (in short ‘the 1971 Act’).

3. Admittedly, it is established and administered by the Muslim Minority Community and has been granted minority status by the Government. Being minority Institution, it is not governed by the U.P. Secondary Education (Service Selection Boards) Act, 1982. The appointment of teachers and staff is done by the Committee of management. The Institution namely, National Inter College, Pilikothi, Varanasi (in short ‘the Institution’), impart education in pursuance of the curriculum of U.P. High School and Intermediate Board.

4. One Mohd. Yunus Ansari was a permanent Assistant Teacher in LT Grade of the Institution, who died in harness on 26.5.1998. The respondent No. 4 Imtiyaz Ahmad Ansari, is the son of the deceased teacher Mohd. Yunus Ansari who died in harness on 26.5.1998.

The respondent No. 4 possesses certificate of Bachelor of Arts, Bachelor of Education.

5. Shortly, after the death of Mohd. Yunus Ansari the deceased Assistant Teacher, the respondent No. 4 submitted an application dated 15.6.1998 seeking compassionate appointment as an Assistant Clerk in the Institution. A copy of the application of the respondent No. 4 is annexed to the writ petition as Annexure 2. In the application moved, it has been mentioned that he was having certificate of Inter Mediate and appeared in the second year B.A. Examination from Kashi Vidyapeeth. It appears that instead of appointing the petitioner on compassionate ground, one Azhar Hasib was given appointment and the appointment was duly approved by the District Inspector of Schools, Varanasi, on 28.9.1998. On account of having no vacancy, the case of the opposite party No. 4 could not be considered for appointment.

It appears that the opposite party No. 4 when failed to get any response from the petitioner’s Institution for compassionate appointment inspite of representation submitted for the purpose, he filed Civil Misc. Writ Petition No. 56146 of 2007 which was decided by this Court, vide judgment and order dated 7.12.2007. The judgment and order dated 7.12.2007 is reproduced as under:

“Hon’ble Devi Prasad Singh, J.

The grievance of the petitioner is that the petitioner’s father was Assistant Teacher in the National Inter College, Pili Kothi, Varanasi and died in harness on 26.5.1998 After his death petitioner applied for appointment from on compassionate ground. The petitioner’s application has been kept pending by the respondents and it has not been decided till date. The petitioner also submitted representation to ventilate his grievance but has failed to get response.

Accordingly, the competent authority is directed to look into the matter and decide the representation a copy of which has been filed as Annexures 7, 8 and 9 t