By the Court.—This intra Court appeal is directed against the Judgement and order dated 2.4.2004 passed by the learned Single Judge wherein mandamus has been issued to the appellant Committee of Management of the Balika Inter College, Shahganj, District Jaunpur to offer compassionate appointment to the respondent No. 5, Smt. Beena Srivastava, within two weeks failing which authorized controller shall be appointed in the institution to take over the management so as to comply with the orders of this Court.

2. Facts in short relevant for deciding the present appeal are as under :

The husband of the petitioner, namely, late Banarasi Lal Srivastava was an employee in Ram Lakhan Singh Inter College, Baijarampur, District Jaunpur. The husband is said to have expired on 8.5.1998 during service. After the death of her husband, the petitioner moved an application before the District Inspector of Schools, Janpur for compassionate appointment. She, however, stated that the institution, where her husband was an employee, was at a distance of 16 kilometers from the place of her residence and, therefore, she may be accommodated in a nearby institution. If not possible, then in that eventuality, she may be accommodated in the same institution itself where her husband was working.

Considering the application made by the petitioner for compassionate appointment, the District Inspector of Schools, Jaunpur on 8.12.1999 directed that she may be offered compassionate appointment as Assistant Clerk in Uchchatar Madhyamik Vidyalaya, Nepal Nagar, Mayee, District Jaunpur.

The said institution at Nepal Nagar did not permit the petitioner to join on the ground of there was no vacancy.

Another appointment letter was issued on 17.11.2000 for petitioner being appointed in Raja Sri Krishana Dutt Inter College, Jaunpur which institution also did not permit her to join on the ground that there was no vacancy. Thereafter, another appointment letter was issued for the petitioner being appointed as Assistant Clerk in Balika Inter College, Shahganj, District Jaunpur in place of one Ram Lalla Singh. The said institution also refused to accept the joining of the petitioner.

Being aggrieved, the petitioner filed Civil Misc. Writ Petition No. 10995 of 2002. Learned Single Judge disposed of the writ petition on 2.4.2004 directing the appellant Committee of Management of the Balika Inter College, Shahganj, District Jaunpur to offer compassionate appointment to the respondent No. 5, Smt. Beena Srivastava, within two weeks failing which and authorised controller shall be appointed in the institution. Hence, this intra Court special appeal.

3. Challenging the order dated 2.4.2004 passed by the learned Single Judge, the Committee of Management of Balika Inter College, Shahganj, District Jaunpur through its counsel submitted before us that there has been complete non-consideration of the statutory provisions contained in Regulations 103 & 107 of the Chapter III of the Regulations framed under the Intermediate Education Act, 1921. The said regulations contemplated that on the basis of educational qualifications, compassionate appointment has to be offered to a dependant of the deceased employee preferably in the same institution wherein the deceased employee was working. If there is no suitable vacancy in the said institution, then, having regard to the qualification of the compassionate appointee, dependant could be offered appointment in other institution of the district where the vacancy is available.

4. It is contended by the counsel for the appellant that it is not open to the compassionate appointee to straight way claim that she may be accommodated in some other institution instead of the institution where her deceased husband was working on the plea that the said institution is about 16 kilometers from her residence.

5. The District Inspector of Schools wrongly accepted the application of the petitioner and issued appointment letter dated 31.3.2001 in favour