Court No. - 23 Case :- SERVICE SINGLE No. - 7116 of 2009 Petitioner :- Km.Nidhi Shukla D/O Shri Satish Kumar Shukla Respondent :- State Of U.P.Through Secretary Basic Education And Others Petitioner Counsel :- Tung Nath Tiwari Respondent Counsel :- C.S.C.,R.K.Kushwaha Hon'ble Shabihul Hasnain,J.
Heard Sri T.N. Tiwari learned counsel for the petitioner and
learned counsel for the opposite party Mr. R.K. Kushwaha.
The case of the petitioner is that his name for the post of Shiksha
Mitra was at serial no. 2 in the merit list. The Village Education
Committee has duly endorsed the name of the petitioner at serial
no. 2 and opposite party no. 5 was placed at the top of the merit
list. A complaint was made that the opposite party no. 5 do not
have the requisite qualification, the BSA looking into the charges
has probably referred the matter to Village Education Committee
for another proposal.
Learned counsel for the petitioner says that there is no requirement
of second proposal as the proposal once made in favour of
petitioner at serial no. 2 should be treated as candidate in waiting
list.The proposal with this observation should have been sent to the
District Level Committee constituted by the District Magistrate to
take a final decision in the matter.
In any view of this argument the District Magistrate, Lakhimpur
Kheri is directed to look into the matter and pass appropriate
orders in this regard after giving an opportunity of hearing to
opposite party no. 5 as well as the petitioner and decide the issue
expeditiously, say within a period of six weeks from the date a
certified copy of the order is placed before him.
With this observation the writ petition is finally disposed of.
Order Date :- 11.1.2010
Om.