The petitioner who is working as Shiksha Mitra for last 10 years is aggrieved by order dated 13th Oct. 2014 passed by the District Basic Education Officer, Unnao, whereby, his contract relating to engagement of his service as Shiksha Mitra, has been cancelled. A further direction has been issued to register a first information report against him and for recovery of honorarium paid to him so far.
The ground for determining the contract is that the post against which the petitioner was appointed, should have been filled up by a female candidate in accordance with the government orders issued from time to time.
Learned counsel for the petitioner has placed reliance to the circular issued by the District Basic Education Officer, Unnao dated 12-1-2004, whereby, under clause 10, it was provided that the first post of Shiksha Mitra has to be filled up by a candidate from reserve category as per the reservation applicable for the post of Pradhan in the concerned village. It is further provided that in case, the first post is filled up by a male candidate as per the reservation policy, or a male candidate is already working since before, then the second post has to be filled up by a female candidate. It is further provided that in case female candidate is not available, such post can also be filled up by male candidate. It is contended that in the village, the first post was occupied by one Sant Lal, who is from reserve category and thus, second post was ordinarily meant to be filled up by female candidate. However, the female candidate was not available and therefore, the Village Level Committee in its meeting held on 24.1.2004 resolved to fill up such post by male candidate. Pursuant thereto, the petitioner was given appointment, which also had approval of the District Level Committee. It is contended that against the show notice, entire facts were stated by the petitioner, but without considering the same, impugned order has been passed.
Prima facie, the contention appears to have force and the matter requires consideration after exchange of affidavits.
Learned standing counsel has accepted notice on behalf of respondent no. 1 and 2 and Smt. Jyoti Sikka on behalf of respondent no. 3 and 4.
Issue notice to respondent no.5. Steps to be taken within a week by registered post.
All the respondents may file their counter affidavit within one month. The petitioner will have 2 weeks thereafter for filing rejoinder affidavit.
Considering the submissions made by learned counsel for the petitioner and the material on record, I am of the opinion that the petitioner has made out a prima facie case for grant of interim order.
Accordingly, operation of the impugned order dated 13th Oct. 2014 passed by respondent no.3 shall remain stayed till the next date of listing.
(Manoj Kumar Gupta, J.) Order Date :- 24.11.2014 skv