WP(C) 2376/2009 BEFORE HON’BLE MRS JUSTICE ANIMA HAZARIKA In this application under Article 226 of the Constitution a writ of mand amus has been sought for directing the respondents to appoint the petitioner in the vacant Grade-IV post in the Purbapar Anchalik Chotuspathi, Henguli, Kamrup w ith a further prayer for directing the respondent authorities not to appoint any other person in the post without considering the case of the petitioner. Heard Mr. M.Bhagawati learned counsel appearing for the petitioner. Also heard Mr.U.K.Nair learned Standing Counsel, Education Department appearing for respondent Nos. 1,2 and 3 and Mr S.N.Sharma learned Senior Counsel assisted by M s.B.Bharali Advocate appearing for respondent Nos.4 and 5 and Mr.N.Sharma learne d counsel appearing for respondent No.6. The petitioner’s case in brief is that her husband Ajit Kumar Sarma who was serving as Graduate Teacher in the Purbapar Anchalik Chotuspathi (Chotuspath i for short), Henguli, Kamrup died on 16.8.06 while in service leaving behind th e petitioner, four minor children, his old widowed mother and an unmarried siste r. As the post held by the petitioner’s husband was not a pensionable post and n o financial assistance received from the respondent authorities after the death of the petitioner’s husband, the petitioner had to shoulder the entire burden of the family and therefore she submitted representation before the respondent No. 2 praying for appointing her in any grade-IV post in the Chotuspathi or in any o ther vacancy falling under the respondent No.3. In the meanwhile on 19.1.08 a Gr ade IV employee of the Chotuspathi died and a vacancy arose. The petitioner ther eafter on 2.2.08 submitted an appalication before the respondent No.3 praying fo r appointing her on compassionate ground in the post fallen vacant and the said application was forwarded by the respondent No.3 to the authority of Chotuspathi with a request to appoint her in the Grade IV post arising out of the death of a Grade IV employee. The Managing Committee of the Chotuspathi, however, by reso lution dated 17.2.08 decided to appoint the respondent No.6 in the Chotuspathi a nd forwarded his name for approval of the respondent No.3. Accordingly responden t No.6 joined in the post. Thus being aggrieved by the action of the authorities , the instant writ petition has been filed by the petitioner with the prayer ind icated herein above. Mr Bhagawati learned counsel appearing for the petitioner has urged that the petitioner being the wife of a teacher of the Chotuspathi who died while in service, ought to have been appointed on compassionate ground considering her f inancial condition after the death of the only earning member of the family, mor e so, respondent No.3 has also directed the authority to appoint the petitioner in a Grade IV post on compassionate ground. But the authority has declined to ob ey the direction of respondent no.3. Therefore a direction is required to be iss ued to the authority to appoint the petitioner in the Grade-IV post in the schoo l, which is lying vacant since 19.1.2008. An affidavit-in-opposition has been filed by respondent No.3 supporting the case of the petitioner. Affidavit-in-opposition has also been filed by respondent No.6 contendin g interalia that the respondent No.6 has been duly selected for the post of Chow kidar and there is no illegality in appointing him in the said post, inasmuch as , the Respondent No.6 has the experience of serving as Chowkidar. When the earli er Chowkidar was not keeping well, he worked in the Chatuspathi for one and half year on leave vacancy. Mr.Sarma learned senior counsel appearing for respondent Nos. 4 and 5 ha s at the very outset submitted that the instant writ petition is not maintainabl e, inasmuch as, the institution is purely a private institution and management o f the school is also a private body. Management, administration of the Chatuspat hi(Tol) and the matter relating to appointment of teaching and non-teaching staf f in the Chatuspathi is vested with the Managing Committee . But the Managing C ommittee has not been made party respondent in this case. Mr.Sharma has drawn th e attention of the Court to Paragraphs 9, 10 and 11 of the counter filed on beha lf of the respondent Nos. 4 and 5. Those being relevant are quoted hereunder: 9 That the Management, administration of the Tol and the matter relating t o appointment of teaching and non-teaching staff in the Tol is vested with the M anaging Committee duly approved by the Government. Since the date of establishme nt of the Tol, the Managing Committee has been discharging its responsibility as per Rules and no complaints have been received from any quarters. The Managing Committee has looked after the affairs of the Tol all times. 10. That unfortunately, the petitioner’s husband who was the Asstt.Graduate Teacher of the Tol had suddenly passed away on 16.8.2006 and his post was fallen vacant. The petitioner approached the authority of the Tol with an application- dated 2.10.2006 whereby she requested the Tol authority to appoint her minor chi ldren in future against any vacancy. However, she has never applied for any comp assionate appointment in the Tol. 11. That the Managing Committee could have considered the petitioner to appo int her as Asstt. Graduate Teacher in her husband’s post in the Tol, if she wou ld have possessed requisite qualification. However, on humanitarian ground the M anaging Committee from its limited source provided the petitioner a sum of Rs.10 ,000/-(Rupees ten thousand) only as financial assistance on 10.12.2006. The pe titioner had acknowledged receipt of the amount. Mr.Sarma has further submitted that, respondent No.6 has been appointed as Chowkidar of the Chatuspathi and apparently appointment of a lady in the post of Chowkidar is not feasible and therefore the Managing Committee could not concede to the request of the petitioner as well as respondent No.3, more so, t he vacant post of the Chowkidar has not been filled up on compassionate ground . In the appointment letter dated 17.2.2008 issued by the authority, appointing Respondent No.6 as Chowkidar, it has been made clear that the monthly remunerati on etc will be applicable as per decision of the Managing Committee, meaning the reby that the respondent No.6 will not get any salary but only some monthly remu neration as decided by the Managing Committee. Accepting the aforesaid terms and conditions, the respondent No.6 has joined in the service. In view of the statements made on oath in the counter affidavit filed by respondent No.3 and respondent Nos.4 and 5 and the submission made by the learn ed counsel appearing for the parties, this court finds that the petitioner has n ot been able to make out a case for interference under Article 226 of the Consti tution of India for setting aside the appointment order of respondent No.6 appoi nting him in a Grade IV post by the Managing Committee of the Chatuspathi and al so for issuing a direction to the respondents to consider the case of the petiti oner on compassionate ground in the post of Chowkidar. The writ petition therefo re cannot be entertained. There is no merit in the writ petition. Accordingly the same stands dism issed. No cost. Interim order passed on 27.8.10 stands vacated. Before parting with the record I would like to make it clear that there shall be no bar for the authority to consider the case of the petitioner in any future vacancy in the Chatuspathi.