Court No. - 26 Case :- WRIT - A No. - 5690 of 2010 Petitioner :- Sachida Nand Yadav Respondent :- State Of U.P. & Others Petitioner Counsel :- R.P. Yadav Respondent Counsel :- C.S.C.,Mahesh Narain Singh Hon'ble Shishir Kumar,J.
Heard learned counsel for petitioner and learned Standing counsel.
Petitioner is aggrieved by order passed by District Magistrate, Azamgarh
dated 11.12.2009 by which appointment of petitioner who was working on the
post of Shiksha Mitra has been cancelled and has directed that fresh selection
be made.
Petitioner who was working on the post of Shiksha Mitra taken leave for
completing B.Ed Course and after completing B.Ed he again joined the post
of Shiksha Mitra and Samiti as well as Basic Shiksha Adhikari permitted
petitioner to rejoin. It appears that one Narendra Singh was having grievance
against the said action of respondents, as such, he filed a writ petition before
this Court and this Court had directed District Magistrate to decide the said
controversy. Now by impugned order, District Magistrate has held that it is
not permissible in view of Government Order that a person who taken leave to
complete some course can be permitted to join the post again.
In such situation, after recording a finding that petitioner has illegally been
permitted to join after completion of B.Ed Course has held that appointment
of petitioner is cancelled and fresh process of selection for the said post be
initiated. In my opinion, if it is not permissible legally Basic Shiksha Adhikari
has permitted petitioner to join the post again then District Magistrate who is
Chairman of the such appointments, has full jurisdiction to decide the same
and rightly decided that petitioner has illegally been permitted to join. Now
fresh selection will be made, if petitioner is eligible, he can make an
application for the same.
There is no merit in the writ petition. The writ petition is devoid of merits and
is hereby dismissed, however, without imposing any cost.
Order Date :- 4.2.2010
SKD