Chief Justice's Court Case :- SPECIAL APPEAL No. - 84 of 2010 Petitioner :- Suneeta Devi Respondent :- State Of U.P. Through Principal Secretary, Basic And Others Petitioner Counsel :- K.K. Mani Respondent Counsel :- C.S.C.,Mahesh Narain Singh,Rajeshwar Singh Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Arun Tandon,J.
Writ petitioner – appellant, aggrieved by order dated
30.11.2009 passed by a learned Single Judge in
Civil Misc. Writ Petition No. 64694 of 2009, has
preferred this appeal under Rule 5 Chapter VIII of
the Allahabad High Court Rules, 1952.
An advertisement was published on 08.08.2008 for
appointment of Shiksha Mitra. Government Order
dated 06.05.2008 rescinds the earlier decision
which provided to give preference to the persons
engaged in non-formal education. Writ petitioner –
appellant (hereinafter referred to as the ‘appellant’)
contended before the learned Single Judge that
Government Order dated 06.05.2008 shall not apply
as the vacancy is of the year 2006-2007. Aforesaid
plea of the appellant did not find favour with the
learned Single Judge and he dismissed the writ
petition by the order impugned in the present
appeal.
Mr. K.K. Mani, appearing on behalf of the
appellant, reiterates the same submission before us.
We do not find any substance in the submission of
Mr. Mani. Vacancy of Shiksha Mitra arises every
year and may be in accordance with the policy of
the State that a Shiksha Mitra appointed in a
particular session is allowed to continue in the next
session. Here, undisputedly, the Government Order
dated 06.05.2008 was in existence on the date of
advertisement of the vacancy. The learned Single
Judge has rightly observed that the same will
govern the case.
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 :- 29.1.2010
AHA
