Chief Justice's Court Case :- SPECIAL APPEAL No. - 153 of 2010 Petitioner :- Ashok Kumar Sharma Respondent :- State Of U.P. Thru Sec. Basic Edu. Lko. And Others Petitioner Counsel :- Ten Singh Respondent Counsel :- C.S.C.,Anuj Kumar,B.R. Maurya Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Arun Tandon,J.
Writ petitioner – appellant, aggrieved by order dated
08.01.2010 passed by a learned Single Judge in
Civil Misc. Writ Petition No. 156 of 2010, has
preferred this appeal under Rule 5 Chapter VIII of
the Allahabad High Court Rules, 1952.
Writ petitioner – appellant (hereinafter referred to as
the ‘appellant’) challenged the order dated
22.12.2009 passed by the District Basic Education
Officer, Mirzapur whereby he had directed to take
steps afresh for making selection and appointment
to the post of Shiksha Mitra. Appellant challenged
the same contending that he, having the right for
renewal of his appointment as Shiksha Mitra, the
direction given to make selection afresh is illegal.
The aforesaid plea did not not find favour with the
learned Single Judge and he dismissed the writ
petition by the impugned order relying on a
direction given by this Court on 26.08.2009 in Writ
Petition No. 7756 which was filed by the appellant.
The appellant in the aforesaid writ petition, had
challenged the selection of respondent no.5 therein
and the learned Single Judge while quashing his
selection had directed ‘for making appointment on
the post of Shiksha Mitra afresh in accordance with
law.’
The aforesaid order has attained finality and in view
of the aforesaid direction of the Court, there was no
option than to make selection afresh and that has
precisely been done by the impugned order.
We are of the opinion that consideration of the
matter by the learned Single Judge does not suffer
from any error calling for interference in this
appeal.
We do not find any merit in the appeal and it is
dismissed accordingly.
(C.K. Prasad, C.J.)
(Arun Tandon, J.)
Order Date :- 4.2.2010
AHA