Court No. 2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 5298 of 2001 (Old No. 12893 of 2000) Pyare Lal Adopted son of late Shri Sunder Lal, R/o Village- Maun, Patti-Kunjani, Tehsil-Narendra Nagar, District- Tehri Garhwal. ……….. Petitioner. Versus (1) State of U.P. through Secretary, Revenue Department, Lucknow. (2) District Magistrate, Tehri Garhwal. ……… Opp. Party. Date: March 17, 2008. Hon’ble P.C. Verma, J. This petition has been filed by the petitioner seeking writ of certiorari quashing the impugned order dated 19.02.2000 passed by District Magistrate, Tehri Garhwal, contained in Annexure No. 5 to the writ petition, by which the claim of the petitioner for appointment order Dying-in-Harness Rules, 1974 has been rejected. 2. It is contended by the learned counsel for the petitioner that the petitioner was adopted on 10.08.1998 by the uncle late Shri Sunder Lal at the age of 29 years as his uncle has no issue. The said adoption was duly registered in the office of District Registrar, Tehri Garhwal on 15.08.1998. Late Shri Sunder Lal was working as ‘Daftari’ in the office of District Magistrate, Tehri Garhwal and during his service he died on 27.08.1999. The Petitioner sought for employment under the Dying-in-Harness Rules, 1974 as he was having qualification of intermediate. The claim of the petitioner was rejected by the impugned order. 3. The learned Standing Counsel appearing on behalf of the respondents vehemently contended that the adoption of the petitioner in invalid as at the time of adoption the petitioner was aged 29 year. It is undisputed that the petitioner was 29-year-old at the time of adoption. Section 10 of the Hindu Adoptions and Maintenance Act, 1956 provides as under:- “10.Persons who may be adopted- No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:- (i) he or she is a Hindu; (ii) he or she has not already been adopted; (iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption; (iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.” 4. The petitioner also could not prove any custom or usage being observed by him. 5. In view of above settled position of law it is apparently clear that the adoption of the petitioner was invalid and the petitioner is not entitled to take benefit for getting employment under the Dying -in - Harness Rules. 6. Accordingly, the writ petition is dismissed. No order as to costs. (P.C. Verma, J.) 17.03.2008 P.Singh