Hon’ble Suneet Kumar, J.—The mother of the petitioner Smt. Saroj Kumari was working as an Assistant Teacher in Primary School Guchawali, Jahangirabad, District Bulandshahar, died in harness on 1.10.2008 leaving behind two sons including the petitioner. According to the petitioner, he is qualified and eligible for appointment on the post of Assistant Teacher in a Primary School, run by Basic Siksha Parisad, Allahabad. The respondent No. 3, Secretary U.P. Basic Education Board, Allahabad rejected the application of the petitioner for appointment under the dying in harness rules on 27.4.2010, for the reason, that the father of the petitioner is an employee of the State Government and was drawing salary, hence the petitioner is not entitled to appointment.

2. The order dated 27.4.2010 and the consequential order dated 3.5.2010 passed by respondent No. 2, Secretary, Basic Education Board, Allahabad and respondent No. 3, District Basic Siksha Adhikari, Bulandshahar, respectively, is being questioned in the present writ petition.

3. I have heard the learned counsels for the parties and perused the records.

4. It is not disputed that the provisions of Uttar Pradesh Recruitment of D