Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 502 of 2010 Petitioner :- Arun Kumar Tiwari 1522 (S/S)2010 Respondent :- State Of U.P.Through Secy. Basic Education Civil Sectt. Petitioner Counsel :- Surya Bhan Singh Respondent Counsel :- C.S.C.,Jyotinjay Verma Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Heard the counsel for the appellant Sri S.B. Singh, counsel for the State and Sri Rajiv Ratan
Chaudhary holding brief of Sri Jyotinjai Verma for Basic Shiksha Adhikari.
It has been brought to our notice that the order passed by the learned Single Judge is based on
the facts, which are not applicable in the instant case, nor are relevant, besides being against the
pleadings and documents on record.
In fact, there were two vacancies of Shiksha Mitra, out of which one was occupied by one Smt.
Anita Tripathi, who resigned and after resignation, she was again allowed to join and continue
on the same post. The other vacancy was undisputedly unreserved against which the appellant
was appointed.
It appears that some complaints were made and the matter was considered by Gram Shiksha
Samiti, wherein it was found that once Smt. Anita Tripathi submitted her resignation, she could
not have been allowed to join again. This order was with respect to first vacancy, which was
reserved.
We are not concerned with the fate of first vacancy, namely, as to whether appointment of Smt.
Anita Tripathi was rightly made though allegedly it was reserved vacancy or that whether she
could have been allowed to join after resignation, as it is not in issue.
The second vacancy is purely unreserved and it is being treated as unreserved by the
respondents also.
The appointment of the appellant, which was made against the second vacancy, which was
unreserved, as is evident from the impugned order, has been set aside on the ground that before
making such an appointment, no advertisement or publicity was done.
The learned Single Judge has not addressed himself on the issue raised and rather on
misconception of facts, dismissed the writ petition.
We, therefore, set aside the order passed by the learned Single Judge and remit the matter to the
learned Single Judge having jurisdiction, for being decided afresh in accordance with law.
The special appeal is disposed of accordingly.
Order Date :- 30.7.2010
MFA