Hon’ble Devendra Kumar Upadhyaya, J.—Heard learned counsel for the petitioner Sri Anurag Srivastava, Sri Ramesh Pandey, learned counsel for respondent No. 6, Sri Rajan Roy, learned counsel appearing for respondent No. 5 and Sri Manjiv Shukla, learned Standing Counsel appearing for respondent Nos. 1 to 4.

2. Can an employee appointed on compassionate ground be deprived of his right of consideration for promotion to the next higher post though eligible in all respects, solely on the ground that his appointment on compassionate ground was made against supernumerary post deemed to have been created under the relevant rules by operation of legal fiction is the question which has arisen for consideration and determination of this Court in the instant case.

3. Satya Narain Tewari Vidya Mandir Inter College, Nigoha, Lucknow (hereinafter referred to as ‘Institution’) is an institution imparting education upto Intermediate and is recognized under the relevant provisions of U.P. Intermediate Education Act, 1921. The service conditions i.e. appointment and promotion etc. of the non-teaching staff of the Institution are governed by provisions contained in Intermediate Education Act, 192