1
Court No.22
Writ Petition No.394 (SS) of 2007
Smt.Rekha Devi ... petitioner
Versus
State of U.P. and others ... Opp. Parties
------------------
Hon'ble S.S. Chauhan, J.
The present writ petition has been filed for quashing of the appointment of
opposite party no.5.
The facts giving rise to the present petition are that second vacancy for
appointment on the post of Shiksha Mitra in Primary School Turkpurwa was
published and in pursuance thereof the petitioner applied for the said post being
eligible candidate. It is said that on the first vacancy one Chandra Mani Tiwari
(petitioner of Writ Petition No.4329 (SS) of 2003) is already working since 5.9.2005
and his appointment has also been renewed by the Village Education Committee for
the session 2006-07. On 1.7.2000 the State Government has issued an order,
wherein it has been provided that the second post of Shiksha Mitra must be reserved
for lady candidate, but the Village Education Committee has accepted the
applications of male candidates ignoring the aforesaid Government Order. It is also
stated that in the merit list name of the petitioner appears at serial no.2 and one
Neelam Mishra, who is at serial no.1 gave an affidavit that she is not willing to join
on account of the fact that she has married, as such the petitioner is eligible for
appointment on the second post in all respects, but the opposite parties in an
arbitrary manner have not given the appointment to the petitioner and given
appointment to opposite party no.5, who is a male category candidate and is at serial
no.4 in the merit list, ignoring the Government order dated 1.7.200 which provides
50% reservation for women category candidate. In this regard the petitioner made
several representations to the authority concerned. When no action was taken by the
authorities, the petitioner has filed present petition for quashing of the appointment
of opposite party no.5. This Court by means of order dated 17.1.2007 disposed of
the writ petition finally with the direction to the petitioner to pursue her
representation submitted to the District Magistrate. It was also provided that if any
third post is provided in the institution, then only the petitioner’s case may be
considered by holding de novo selection if she is otherwise eligible. The aforesaid
order was subjected to challenge in Special Appeal No.744(SB) of 2007, which was
allowed vide judgment and order dated 6.9.2007 and the order dated 17.1.2007 was
set aside.
2
Submission of learned counsel for the petitioner is that the second post
should be filled up by a female category candidate in accordance with the
Government order dated 1.7.2000, by means of which 50% reservation has been
prescribed for the female category candidates, but the opposite parties in an arbitrary
manner ignored the rightful claim of the petitioner being lady and higher in the
merit by giving appointment to a male category candidate i.e opposite party no.5.
Learned counsel for the Basic Shiksha Adhikari by filing counter affidavit
has stated that opposite aprty no.5 had been selected for the second post of Shiksha
Mitra for the session 2006-2007 and since then he is working on the said post after
getting renewal from term to term. He has further stated that opposite party no.5 was
having the certificate of instructor under non-formal education and as such he was
given the preference in the selection of second post in accordance with the
Government Order dated 10.10.2005, whereas the petitioner was not an instructor
and as such she could not be given appointment.
After hearing the parties’ counsel and the writ petition filed by Chandra Mani
Tiwair being dismissed, the reservation in respect of the post of Shiksha Mitra in
2006 has to be determined in accordance with the Government Order, where 50%
reservation has been prescribed for woman category candidates. On the date of
advertisement the position was that one person namely, Chandra Mani Tiwari was
occupying one post of Shiksha Mitra and the second post has fallen vacant in 2006.
If the argument of counsel for the opposite party no.5 is accepted, then again the
second appointment will be made from male category and if this is allowed to
prevail, then there will be no reservation for female category, which is the mandate
of the Government Order. Therefore, the writ petition is allowed to that extent and
the post in question shall be filled up by a female category candidate.
Writ petition is allowed.
5.8.2010
Rao/-