ORDER:

This Writ petition is filed with the following relief:

(cid:147)(cid:133).to issue an appropriate Writ, Order or direction, calling for the records relating to the proceedings of the 2nd respondent, bearing Proc.No.CCE- ADMN/COMP/3/2020-ADMN-10 dated 29.07.2020 and set aside the same by declaring the same as illegal, arbitrary and unconstitutional being violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the case of the petitioner for appointment on compassionate grounds, with all consequential benefits as was done in similarly placed persons(cid:133)(cid:133)..(cid:148)

2. Heard Sri S.Ajay Kumar, Learned Counsel appearing for the petitioner and the learned Assistant Government Pleader for Services-I, appearing for the respondents.

3. The learned Counsel for the petitioner submits that father of the petitioner viz., Jogender Singh died on 08.02.2019 while he was working as Scavenger at the respondent No.3 college.

4. The Learned Counsel for the petitioner submits that after death of father of the petitioner, mother of the petitioner made representation to the respondent No.3 and have obtained service certificate of the deceased-Jogender Singh for the purpose of obtaining Legal Heir Certificate and thereafter she made an application on 20.05.2019 requesting for compassionate appointment in favour of the petitioner after fulfilling all the conditions.

5. The learned Counsel for the petitioner further submits that the respondent No.3 also recommended the case of the petitioner for compassionate appointment by the proceedings dated 02.11.2019 stating that there is a vacancy of Scavenger caused due to death of father of the petitioner and requested to permit the respondent No.3 for appointment of the petitioner as Scavenger on compassionate grounds in the vacancy caused which is Last Grade Service as there is no inferior post to it available in rules.

6. The learned Counsel for the petitioner further submits that the respondent No.3 has informed the petitioner that the proposal for his appointment on compassionate grounds was rejected on 29.07.2020 by the respondent No.2 and the reason for the rejection is that in terms of G.O.Ms.No.35, Higher Education (CE.II-1) Department dated 27.03.2006 there is a ban on direct recruitment in private aided Colleges in the State and Memo No.757/CE/A1/2017 dated

16.02.2018 issued by the Respondent No.1.

7. The Learned Counsel for the petitioner further submits that before demise of the petitioner(cid:146)s father some other employees were also died and their children viz., Naveen, Kalavati, Sourabh Tiwari, etc., were appointed on compassionate grounds. The respondent No.2 furnished the list of 59 compassionate appointments from 14.07.2004 to 28.07.2017, on 30.03.2021 which clearly shows that appointments were made even after issuance of G.O.Ms.No.35 and the respondents are treating step-mother attitude towards the petitioner.

8. 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 the list of appointments about 59 persons given 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 29.07.2020 is liable to be quashed and requested to allow the writ petition.

9. The Learned Assistant Government Pleader for Services-I appearing for the respondents, basing on the counter submits that the Sri Joginder Singh, father of the petitioner is one such an employee appointed by the Management of Shankerlal Dhanraj Signodia College of Arts and Commerce, PG center and later admitted to Grant-in-Aid by the Government. While so, during 2020 the college became self