1. This petition has been filed that the petitioner may be appointed to the post as JST in the Education Department on the deceased quota being of deceased Ali Murad who had expired during service in the year 1986.
2. Learned counsel for the petitioner has pointed out that vide Notification dated 2nd September, 2002, certain amendments were made in which it was provided that the appointing authority may appoint one of the children of civil servant who died during service to a post if such child-is otherwise eligible for the post.
3. From a bare reading of this Notification it is clear that this Notification applies to the children of all the Government servants who died even before coming into force of the Notification and not only to the children of those Government servants Who died after coming into force of this Notification.
4. The petitioner applied for the post of JST as his late father was Head Master in Government School before his death somewhere in 1986. However, as pointed out by the learned A.A.G. That during this period a new Notification dated 17th July, 2009 came into force which amended 1-1-A to provide that the application will be made within two years of the death of such civil servant and it further provided that the date for appointment under deceased quota will be 17th July, 2007. Since we are of the considered opinion that this Notification issued after filing of the application by the petitioner cannot be interpreted to apply retrospectively to the application which has been filed before coming into force of this Notification therefore we will at this moment and going into the legality or otherwise of this Notification which will be considered in some other appropriate case. Learned counsel has pointed out that despite the fact that all the officers of the Education Department had proposed that he be appointed as JST and summary in this regard was sent to the Honourable Chief Minister which had already been approved by the senior Minister, Education but the Honourable Chief Minister has without giving any person whatsoever stated that the summary is not in line with the policy and has regretted appointment of the petitioner.
5. After examining the above summary and the reasons given by the Honourable Chief Minister, we are of the considered opinion that the regret made by the Honourable Chief Minister without explaining why it is not in line with the policy is an order which cannot be sustained.
6. We therefore allow this petition, cancel the order on summary passed by the Honourable Chief Minister and direct the respondents to appoint the petitioner as JSL, if he possesses basic qualifications necessary for such appointment within 30 days of this order.
7. This petition is disposed of in the above manner.