Court No. - 18 Case :- WRIT - A No. - 41111 of 2010 Petitioner :- Gram Shiksha Samiti Respondent :- State Of U.P. And Others Petitioner Counsel :- Mahesh Narain Singh Respondent Counsel :- C. S. C.,Rajeshwar Singh Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the
State-respondents.
The petitioner-Gram Shiksha Samiti, Gram Panchayat Jawanhi Malahi, Post
Office Jawanhi Dayal, Block Seorahi, District Kushinagar has passed
resolutions repeatedly refusing to renew the term of the Shiksha Mitra i.e.
respodnent no.5 for ensuing the academic year. The matter travelled upto this
Court in Civil Misc. Writ Petition No. 18339 of 2010. The Court vide order
dated 6th April, 2010 disposed of the writ petition and after noticing the order
passed by the District Magistrate dated 15th February, 2010, directed the
District Basic Education Officer to take appropriate decision on the resolution
of the Gram Shiksha Samiti dated 18th December, 2009. It is surprising that
the District Basic Education Officer has again refused to act upon the
resolution of the Gram Shiksha Samiti dated 18th December, 2009 on the
ground that under the order of the District Magistrate dated 15th February,
2010 a fresh resolution was required to be passed. This Court had noticed that
the order dated 15th February, 2010 was only a correction in the earlier order
of the District Magistrate dated 26/27th November, 2009 in pursuance thereof
subsequent resolution dated 18th December, 2009 had been passed.
It appears that the District Basic Education Officer is not acting fairly.
However, interest of substantial justice would be served by providing that the
matter may be examined by the District Magistrate, Kushinagar within two
weeks from the date a certified copy of this order is filed before him. The
District Magistrate shall examine the resolution and pass a reasoned speaking
order, in accordance with law having due regard to the resolution of the Gram
Shiksha Samiti dated 18th December, 2009 and the order passed by this Court
dated 6th April, 2010, referred to above.
The present writ petition is disposed of accordingly.
(Arun Tandon, J.)
Order Date :- 16.7.2010
Sushil/-