Hon'ble Virendra Kumar Dixit,J.
We have heard learned counsel for the appellant, learned standing counsel appearing for respondents no.1, 3 to 5 and Sri K.S. Kushwaha learned counsel for respondent no.2 as also Sri Santosh Kumar Singh learned counsel who has filed a caveat.
Learned counsel for the respondents do not have any objection to the delay condonation application. Cause shown in the affidavit filed in support of delay condonation application is sufficient. Application is allowed. Delay, if any, in filing the appeal is condoned.
Supplementary affidavit filed by the appellant is taken on record.
This intra court appeal has been preferred challenging the judgment dated 10.12. 2009 passed by learned Single Judge. We have gone through the impugned order as well as the order of the learned Single Judge. From the report of the Assistant Basic Education Officer it is clear that the Gram Pradhan of the village at the time of appointment of the petitioner was a lady belonging to scheduled caste category, therefore, the post of Shiksha Mitra could be filled from a women belonging to scheduled caste category. Since the petitioner was a male candidate, he could not be appointed on the post of Shiksha Mitra.
For the aforesaid reasons we do not find any illegality in the impugned order as well as the order passed by the learned Single Judge. This appeal fails and is accordingly dismissed.
Order Date :- 19.1.2010 SC