Judgment : 1. List has been revised. No one appears for respondent nos.3 and 4. 2. The father of the petitioner was working as a Lecturer in Physics in Dwarahat Inter College, Dwarahat and died in harness on 28.10.2001. The petitioner, being the son, applied for appointment on compassionate grounds under Regulation 103 of the Regulations framed under The U.P. Intermediate Education Act. The said application remained pending and, consequently, the present writ petition was filed, praying for a writ of mandamus commanding the respondents to give compassionate appointment to the petitioner against a suitable post, which would commensurate with his educational qualifications. 3. Respondent nos.1 and 2 have filed a counter affidavit contending that the petitioner is not entitled for appointment on compassionate grounds under Regulation 103 inasmuch as the said Regulation is not applicable to a minority institution. The respondents contended that the Dwarahat Inter College is run by the Methodist Educational Service of the North India, which is a minority institution. 4. In reply, the learned counsel for the petitioner submitted that Regulation 103 was amended by the Government of U.P. by a Government Order dated 9.8.2001 by which this embargo was removed and consequently appointments on compassionate grounds also became applicable on a minority institution. The learned counsel further submitted that the Regulations framed under the U.P. Intermediate Education Act was also adopted by the Government of Uttarakhand by a notification dated 12.7.2002 and, consequently, a writ of mandamus could be issued. 5. Having heard the learned counsel for the parties, the Court finds that admittedly Regulation 103 of Chapter III of The U.P. Intermediate Education Act provides for an appointment on compassionate grounds in an educational institution subject to the condition that the said provision will not apply to a minority institution. Subsequently, Regulation 103 was amended by the State of U.P. by a Government Order dated 9.8.2001 and appointment on compassionate grounds became applicable to all the aided institutions and the embargo which was earlier existing was removed. As a result of the amendment made in the Regulation 103, appointments on compassionate grounds became applicable to a minority institution. 6. The State of Uttarakhand was created on 9th November, 2000. As a result of the amendment made in the Regulation 103, appointments on compassionate grounds became applicable to a minority institution. 6. The State of Uttarakhand was created on 9th November, 2000. A moot question which arises is, as to whether the amendment made by the State of U.P. after the creation of the State of Uttarakhand is applicable to institutions in the State of Uttarakhand or not. The Regulations framed under the U.P. Intermediate Education Act was adopted by the Government of Uttarakhand by means of a Notification dated 12.7.2002. Clause 1(2) of the said Notification, which is relevant for the purpose, is extracted hereunder:- “(2) It shall be deemed to have come into force from Academic Session 2001-2002.” 7. From a perusal of the aforesaid, it becomes clear that the Regulations framed under the U.P. Intermediate Education Act became applicable in the State of Uttarakhand from the Academic Session 2001-02, namely, w.e.f. 1st July, 2001. Consequently, the provisions of the Regulations framed under the U.P. Intermediate Education Act as existing as on 1st July, 2001 became applicable to the State of Uttarakhand. Regulation 103 was amended by the State of U.P. on 9.8.2001, i.e., after 1st July, 2001. In the opinion of the Court, any amendment made in the original Regulations will not be applicable in the State of Uttarakhand. The said amendment made by the State of U.P. after 1st July, 2001 can only be made applicable provided such amendment is adopted by the State of Uttarakhand. The amendment made by the State of U.P. in the Regulations framed under the U.P. Intermediate Education Act on 9.8.2001, amending Regulation 103, is not applicable to the State of Uttarakhand. Consequently, no benefit can be granted to the petitioner from this amended provision. 8. Since the original Regulation 103 is applicable in the State of Uttarakhand, a clear-cut embargo is placed that the same will not be applicable to minority institutions. Admittedly, the petitioner’s father was working in a minority institution and the petitioner was consequently not entitled for being given any appointment on compassionate grounds under Regulation 103 since the same was not applicable in the institution concerned. No mandamus can be issued. The writ petition fails and is dismissed.