ORDER:

This Writ petition is filed under Article 226 of Constitution of India, seeking the following relief:

(cid:147)(cid:133).to issue an appropriate Writ, Order or direction, more particularly one din the nature of Writ of Mandamus by calling for the records relating to and connected with Proceedings CCE- Admn/PNS/32/2022-ADM dated 23.09.2022 and modify the same by declaring the rejection of Compassionate appointment a wholly illegal and arbitrary an unconstitutional and violative of Article 14 and 21 of Constitution of India and consequently direct the respondent to consider and appoint the petitioner on compassionate appointment forthwith(cid:133)(cid:133)(cid:133)(cid:148)

2. Heard Sri Pratap Narayan Sanghi, Learned Senior Counsel for Sri Avadesh Narayan Sainghi, appearing for the petitioner and the learned Assistant Government Pleader Higher Education, appearing for the respondents.

3. The learned Counsel for the petitioner submits that father of the petitioner viz., Dr.Bharath Bhushan was appointed as a Hindi Lecturer on 07.06.1999 and died on 31.12.2021 while he was working as the Principal of Abhyudaya Oriental Evening College, Jiyaguda, Hyderabad, in aided-post. Consequent on death of his father the petitioner made an application on 25.04.2022, seeking appointment on compassionate grounds, duly enclosing no objections from his brother and sister and also sent reminders on 17.05.2022 and 01.06.2022. The petitioner also filed an appeal before the respondent No.2 on 01.08.2022, but the same was rejected on the ground that there is a ban on recruitment without even appreciating the scheme. As the petitioner belongs to Scheduled Caste Community, he comes under exceptional category in terms of G.O.M.No.35, Higher Education (CE.II-1) Department dated 27.03.2006 wherein it is specifically stated that there would be ban on filling up vacant posts in private Aided/Junior, Degree Colleges and Polytechnic colleges through direct recruitment, except in respect of SC/ST backlog vacancies and the respondents without considering the same rejected the representation of the petitioner. The respondents issued proceedings No.CCE-ADMN/PNS/32/2022- ADMN dated 23.09.2022 stating that there is a ban on compassionate appointments.

4. The learned Counsel for the petitioner further submits that the respondents are relying on the clarification issued under Government Memo No.757/CE/A1/2017, Education (CE) Department dated 16.02.2018 and for all the purposes G.O.Ms.No.35, Higher Education, dated 27.03.2006 did not impose complete ban on appointment on compassionate grounds and further about 59 persons were given appointments by the respondent No.2 after issuance of G.O.Ms.NO.35, Higher Education (CE.II-I) Department dated 27.03.2006 and hence the order of rejection dated 23.09.2022 is liable to be quashed and requested to allow the writ petition.

5. The Learned Government Pleader further submits that aided course running in Abhyudaya Oriental Evening Colleges, Hyderabad is now converted into self-finance course during the year 2020-21 and hence the compassionate appointment in the said college does not arise. There are no aided posts in the college as all the vacant aided posts were withdrawn during the year 2020-21 by the Commissioner of Collegiate Education vide Proceedings RC No.CCE ADM/GEN/117/2020-ADMN dated 07.12.2020, and requested the court to dismiss the petition.

6. After hearing both sides, this Court is of the considered view that the then Government issued G.O.Ms.No.35, Higher Education (CE.II-1) Department dated 27.03.2006 imposing ban on filling up vacant posts. In Para No.9 (A) of the said G.O. it is stated that there would be general ban on filling up vacant aided posts in Private Aided Junior/Degree Colleges and Polytechnics through Direct recruitment, except, in respect of SC/ST backlog vacancies.

7. In the instant case the petitioner belongs to Scheduled Caste community. The respondents without taking into account of the same re