Neutral Citation No. - 2025:AHC:45742 Court No. - 7 Case :- WRIT - A No. - 18034 of 2018 Petitioner :- Arun Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bajrang Bahadur Singh,Satya Prakash Singh Counsel for Respondent :- C.S.C.,Sanjay Yadav Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. It is submitted by learned counsel for the petitioner that the petitioner is claiming compassionate appointment on account of the death of father of the petitioner, who was working at officiating Principal in the institution in question. The father of the petitioner expired on 11.01.2015 during service leaving behind the petitioner and two married sisters and mother. 3. Learned counsel for the petitioner submits that the educational qualification of the petitioner is Bachelor of Technology (B.Tech) and Bachelor of Physical Education. The petitioner thereafter applied for grant of compassionate appointment, however the respondent authority has processed the appointment of the petitioner on the post of Class-III employee. The petitioner objected to the same and the matter was referred to the competent authority by the District Inspector of Schools and the competent authority thereafter has rejected the claim of petitioner for appointment on the post of Assistant Teacher in Physical Education on the ground that the petitioner is not holding the educational qualification commensurate for the post in question as the B.Tech. Degree is not permissible qualification. 4. Learned counsel for the petitioner submits that by passing the impugned order dated 14.08.2017, the respondent authorities have failed to take into consideration that the petitioner was also holding the Bachelor of Physical Educational degree which was a degree in consonance with the National Council for Teachers Education (Determination of Minimum Qualifications for Persons to be recruited as Physical Education Teachers in Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges) Regulation, 2014 (hereinafter referred as "Regulation, 2014"). 5. Learned counsel for the petitioner has drawn attention to the second schedule clause 2 to submit that the Bachelor's degree with Physical Education as the subject with 50% marks would be the essential qualification for the post in question. Learned counsel submits that the B.Tech. degree is not the foundation of the claim of the petitioner for the post in question. The petitioner is claiming right for the post of Assistant Teacher in Physical Education on the strength of the Bachelor of Physical Education degree of the petitioner and the respondent authorities have passed the impugned order on incorrect notion. 6. Learned counsel for petitioner further submits that Regulation, 2014 will hold the field and the same have to be applied in the appointment of teachers in the secondary institution. Learned counsel submits that the claim of petitioner has been rejected on incorrect notion. 7. Learned Standing Counsel for State has opposed the prayer of the writ petition, however could not dispute the fact that the Regulation, 2014 will hold the field in respect of appointment in the intermediate colleges. 8. It is to be seen that in the present case the claim of petitioner has been rejected on the ground that the B.Tech degree is not equivalent and the essential qualification prescribed. The petitioner is claiming to have secured the Bachelor of Physical Education degree in the year 2014 as the foundation for claiming appointment in the post of Assistant Teacher in Physical Education on the post of compassionate appointment. The impugned order has not considered aforesaid aspect of the matter more particularly in view of the Regulations, 2014 as recognised in case of Bijay Kumar and others Vs. State of U.P. and others 2015(1) ADJ 372 (DB). At this stage, learned Standing Counsel submits that the matter may be remanded back to the respondent no. 2, District Inspector of Schools, Meerut for decision afresh. 9. In view of aforesaid facts that the Bachelor degree of Physical Education of the petitioner had not been considered while deciding claim of appointment of petitioner, the impugned order dated 14.08.2017 is hereby set aside and matter is remanded back to the respondent no. 2 for decision afresh in the light of the Regulation, 2014 and Intermediate Education Act and after giving opportunity of hearing to petitioner. The aforesaid exercise shall be completed within two months form the date of production of certified copy of this order. 10. Accordingly, writ petition is partly allowed. Order Date :- 2.4.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad