Neutral Citation No. - 2025:AHC:35352 Court No. - 10 Case :- WRIT - A No. - 3092 of 2025 Petitioner :- Committee Of Management Rishi Bhumi Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Shukla,Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Sri Prabhakar Awasthi, learned counsel for petitioners, after arguing for some time fairly submits that probably the Committee of Management cannot challenge appointment of Respondent-4 on compassionate ground since petitioners have no lis, however, still petitioners have a case to challenge the adjustment of said respondent in their College since father of Respondent-4 was working in a different School where he died in harness. 2. Learned counsel for petitioners also fairly submits that the issue which was contested in earlier round of litigation and probably before District Inspector of Schools, Kannauj was with regard to challenge of appointment of Respondent-4, therefore, the issue whether he can be adjusted in petitioners’ College was not even taken note of. At this stage, learned counsel for petitioners placed reliance on a judgment passed by a Division Bench of this Court in Committee of Management, Balika Inter College and another vs. State of U.P. and others, 2017(1) ADJ 36 that a compassionate appointee can be accommodated in some other institution only in case there is no vacancy in first institution, however, such issue was not taken note of. 3. Sri Saurabh, learned Standing Counsel appearing for State- Respondents, submits that so far as this issue is concerned, whether Respondent-4 can be accommodated in petitioners’ College or not, it can still be looked into. However, challenge to appointment of Respondent-4 cannot sustain. 4. In aforesaid circumstances, after taking note of facts of present case and legal position on the issue, this Court is of the considered opinion that challenge to appointment of Respondent-4 at the behest of petitioners has no force. However, so far as other grievance of petitioners that Respondent-4 cannot be accommodated in their College is concerned, it can still be considered. 5. Accordingly, this writ petition is disposed of with observation that the issue whether Respondent-4 can be adjusted in petitioners’ College or not and eventualities, if any, will be considered by District Inspector of Schools, Kannauj and for that petitioners may move a fresh representation limited to the issue of adjustment of Respondent-4 in their College. In case such a representation is filed by petitioners within a period of two weeks from today, the same may be decided within a short period taking note of above referred judgment. Meanwhile, Respondent-4 may be allowed to work in petitioners’ College. Order Date :- 11.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad