Neutral Citation No. - 2025:AHC:66855 Court No. - 6 Case :- WRIT - A No. - 20608 of 2018 Petitioner :- Kaushal Kishore Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brijesh Kumar Mishra,Dhirendra Singh,Parmeshwar Yadav,Pramod Kumar Dubey,Shri Ashok Khare, Sr. Advocate Counsel for Respondent :- Avadhesh Pratap Singh,C.S.C.,Mohd Shere Ali Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Anil Yadav, Advocate holding brief of Sri P.K. Dubey, learned counsel for petitioner and Sri Rajeshwar Tripathi, learned C.S.C. 2. Petitioner was appointed as a Clerk by Committee of Management of Tagore Balika Junior High School, Maharajganj and papers were forwarded to B.S.A. Maharajganj for approval which was granted by an order dated 01.10.2004. 3. In pursuance of above order, petitioner has joined as Clerk and according to him, he was working when this writ petition was filed. 4. Later on, institution was accorded Grant-in-Aid w.e.f. 01.12.2006 and he was paid salary from State Exchequer till month of January, 2018. 5. Learned counsel for petitioner submits that a complaint was filed that petitioner was appointed by wrongful means and a notice was issued to which petitioner submitted his reply. 6. In support of his submissions, learned counsel for petitioner has placed reliance upon a judgment of Supreme Court in Radhey Shyam Yadav and another vs. State of U.P. and others, 2024 INSC 7. 7. Learned C.S.C. submits that in inquiry, it was revealed that petitioner was grandson of Manager of institution and appointment of such close relative was barred in terms of relevant provisions of Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984. 8. Learned counsel for petitioner is not able to dispute above referred relationship and for reference, relevant provision is quoted below :- "12. Disqualification. - (1) No person who is related to any member of the Management shall be appointed as Headmaster or Assistant Teacher of a recognized school. (2) For the purposes of this rule, a person shall be deemed to be related if he is related to such member in any one of the following ways, namely - (i) Father or mother; (ii) Grandfather, grandmother; (iii) Father-in-law, mother-in-law; (iv) Uncle, aunt, maternal uncle, maternal aunt; (v) Son, daughter, son-in-law, daughter-in- law; (vi) Brother, sister; (vii) Grandson, grand-daughter; (viii) Husband, wife; (ix) Nephew, niece; (x) Cousin; (xi) Wife's brother, or wife's sister, wife's brother's wife, sister's husband; (xii) Husband's brother, husband's brother's wife; (xiii) Brother's or cousin's wife.” 9. This Court in Mahendra Kumar vs. State of U.P. and others, 2025:AHC:28050 has reiterated above referred provisions and that appointment of such close relative of Manager/Member was barred. 10. Reliance placed by learned counsel for petitioner upon judgment of Radhey Shyam Yadav (supra) would also not be helpful since appointment of petitioner was contrary to law and therefore, it was void ab-initio and such illegal appointment cannot be protected. 11. In aforesaid circumstances, since appointment of petitioner is in the teeth of above referred provisions, therefore, this Court does not find any illegality in impugned order. 12. Accordingly, writ petition has no force, hence, dismissed. Order Date :- 29.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad