Neutral Citation No. - 2025:AHC:35722 Court No. - 7 Case :- WRIT - A No. - 2366 of 2025 Petitioner :- Reenesh Rana Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Upadhyay Counsel for Respondent :- C.S.C.,Gaurav Bishan Hon'ble Prakash Padia,J. 1. The husband of the petitioner while working on the post of Assistant Teacher in Primary School, Kokna Khurd, Block Saphau, District Hathras was murdered on 26.06.2916. Petitioner being wife of late Amit Kumar Singh has submitted an application for her appointment on compassionate ground under Dying-in- Harness Rules before the respondent no.3-District Basic Education Officer, Hathras on 22.01.2021. When no decision was taken on the same, petitioner preferred Writ-A No. 10042 of 2024 (Reenesh Rana Versus State of U.P. and 2 others), which was disposed of by this Court vide judgment and order dated 23.07.2024. By the aforesaid order, respondent-authorities were directed to pass appropriate order on the application submitted by the petitioner seeks her compassionate appointment. 2. Pursuant to aforesaid, letter of appointment has been issued to the petitioner by the District Basic Education Officer, Hathras on 21.11.2024 appointed the petitioner on the post of peon. Aggrieved against the aforesaid, petitioner preferred the present writ petition with following reliefs:- i. Issue a writ order or direction in the nature of mandamus directing the respondent no.3-District Basic Education Officer, Hathras to consider and grant the appointment to the petitioner on the post of Assistant Teacher, under Dying-in-Harness rules, 1974. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to amend his order dated 21.11.2024 and issue fresh appointment letter to the petitioner for appointment on the post of Assistant Teacher. 3. It is argued on the basis of para no. 6 of the writ petition by the learned counsel for the petitioner that educational qualification of the petitioner is B.A., B.Ed and T.E.T., hence she was fully qualified to be appointed as Assistant Teacher under Dying-in-Harness Rule, 1974. 4. In response to the same, Sri Gaurav Bishan, learned counsel appearing on behalf of the contesting-respondent nos. 2 and 3 states that petitioner does not fulfill necessary qualification for her appointment on the post of Assistant Teacher. Learned counsel for the respondent placed reliance upon a judgement of Hon'ble Apex Court passed in the case of Canara Bank Versus Ajith Kumar G.K. Civil Appeal No. 255 of 2025, decided on 11.2.2025. 5. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State-respondents and perused the record. 6. From the perusal of record, it is clear that petitioner has already been granted appointment on compassionate ground on the post of peon. 7. From the perusal of the pleadings contained in the writ petition, it is clear that petitioner does not fulfill necessary educational qualification for appointment on the post of Assistant Teacher. 9. In this view of the matter, no relief can be granted to the petitioner. 10. The present writ petition is dismissed. 11. After the order passed by this Court, prayer has been made by the learned counsel for the petitioner that petitioner be permitted to join the post on which she was given appointment. 12. In response to the same, it is very fairly argued by Sri Gaurav Bishan, learned counsel for the respondent nos. 2 and 3 that in case petitioner will submit her joining report before the District Basic Education Officer, Hathras within three weeks, the necessary steps be taken by him for jointing of the petitioner. Order Date :- 11.3.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad