Neutral Citation No. - 2025:AHC:133988 Court No. - 52 Case :- WRIT - A No. - 11287 of 2025 Petitioner :- Ashwani Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Devesh Vikram Hon'ble Mrs. Manju Rani Chauhan,J. The petitioner has preferred instant writ petition challenging an order dated 22.03.2025 passed by respondent no. 3 -District Basic Education Officer, Meerut, vide which claim of the petitioner for compassionate appointment has been rejected. Brief facts of the case are that petitioner's father died-in-harness on 20.12.2022 while he was working as Assistant Teacher at Junior High School, Baparsi, Block Saroorpur, District Meerut. The petitioner moved an application for consideration of his appointment on Class-III post on compassionate ground, however, his claim has been rejected by the order impugned, on the ground that no Class-III post under Basic Shiksha Parishad is available in District Meerut. Learned counsel for the petitioner has emphasized on Page-52 of the petition, which is an information provided on 24.07.2025, under the Right to Information Act, to show that two vacant posts of Class-III, under Basic Shiksha Parishad, are available in District Meerut, therefore, the impugned order is in itself contrary to record, arbitrary and bad in the eyes of law. On the aforesaid, learned counsel appearing for BSA, on the basis of oral instructions, submits that, as per the settled position of law, the petitioner is not entitled for being appointed on Class-III post, however, his claim for the Class-IV post will be considered. Admittedly, only one ground regarding non-existence of vacancies has been taken in the order impugned, which cannot be supplemented by means of any infirmity, therefore, it would be appropriate to remit the matter back to the respondent no. 3 to consider it afresh after giving opportunity of hearing to the petitioner. In view of the above, the impugned order dated 22.03.2025 is quashed and a direction is issued upon the respondent no. 3 to consider and decide the matter afresh in accordance with law by passing a reasoned and speaking order, after affording opportunity of hearing to the petitioner, expeditiously, preferably within a period of two months from today. The writ petition is, accordingly, allowed. No order as to costs. Order Date :- 7.8.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad