Court No. - 23 Case :- SERVICE SINGLE No. - 8300 of 2009 Petitioner :- Meera Singh, W/O- Sri Ranjit Singh, Respondent :- District Magistrate, Faizabad, & Others Petitioner Counsel :- Ravi Singh Respondent Counsel :- C.S.C.,Deepak Srivastava Hon'ble Shabihul Hasnain,J.
Heard Sri Ravi Singh learned counsel for the petitioner. and Sri N.S. Yadava
holding brief of Sri Deepak Srivastava, who is stated to be out of station.
It may be noted here that several opportunities were given to the opposite
parties to seek clear and specific instructions in this matter. Nobody has
appeared and no instructions were given. On 5.1.2010 an order was passed
that written notice may be given to learned standing counsel that the case will
be taken up on 11.1. 2010. On receiving this written notice Sri Deepak
Srivastava had appeared. On 11.1.2010, Sri Deepak Srivastava prayed for
only three days time to seek clear instruction in this regard. On that date he
has also prayed that due to confusion created by Pairokar,some other file has
been entrusted to him and hence he is unable to give any assistance to the
Court and prayed that further time may be granted to get clear instruction.
Today, a four paragraphs’ counter- affidavit has been received and in the fifth
paragraph a further request for filing the counter- affidavit has been made. No
reliance can be placed on it, because two contradictory stand has been taken
in par a 2 and 3 of the same counter- affidavit. In para-2 it has been stated that
one RakeshKumar Verma has been selected as Shiksha Mitra, who has been
given training and is posted at Gaura Prathmik Vidlaya,Gaura, Shiksha
Kshetra Tarun, while in para- 3 it has been stated that inquiry is being
conducted concerning the advertisement issued on 1.3.2008. The case of the
petitioner is that when the inquiry is pending regarding selection, how Rakesh
Kumar Verma has been selected and appointed. The Court is handicapped for
want of any clear statement or instruction or stand from the opposite parties.
Attempt has been made by the Court by giving several opportunities but
nothing is forthcoming.
Accordingly, the Court stays the operation and implementation of the order
dated 25.10.2008 passed by the District Magistrate to that extent by which a
fresh selection has been ordered by the District Magistrate and directs to
consider the case of the petitioner afresh in pursuance of the merit list dated
13.3. 2008 contained in annexure- 3 to the writ petition for appointment on
the post of Shiksha Mitra.
Learned counsel for the B.S.A. Sri Deepak Srivastava is granted three weeks
time to file detailed counter- affidavit as prayed by him. List thereafter.
Order Date :- 19.1.2010
Sadiq