Notice on behalf of opposite party Nos.1 and 3 has been accepted by the learned Chief Standing Counsel, notice on behalf of opposite party No.2 has been accepted by learned counsel, Sri M.M. Asthana and notice on behalf of opposite party no.4 has been accepted by learned counsel, Sri R.N. Gupta.
By means of the present writ petition the petitioner is seeking a writ of mandamus commanding the opposite party No.3 to pass appropriate order for appointment of the petitioner on the post of Shiksha Mitra at Primary School, Alla Nagar Faguia, District Balrampur in pursuance to the select list of the village education committee.
Submission of the learned counsel for the petitioner is that the opposite party no.2 had issued an advertisement for appointment on the post of shiksha mitra in the year 2007 and the petitioner along with other candidates applied for the said post. The Village Education Committee prepared a select list on 24th Sept., 2007 in which the petitioner was placed at serial no.5. The said list was sent for approval to the opposite party no.2. From the said list four persons namely Madhuri Devi, Jagat Ram, Raksha Ram and Gangotri Prasad were appointed on the post of Shiksha Mitra at different village schools of District Balrampur.
Further submission of the learned counsel for the petitioner is that Sri Gangotri Prasad during his tenure died on 11.1.2008 and, therefore, one post felt vacant and the same has not been filled uptill now. Since the petitioner's name was at serial no.5, therefore, it is incumbent upon the opposite parties to issue appointment to the petitioner. Regarding the same, the petitioner raised his grievance several times and lastly he moved an application on 5.3.2011 but when no action was taken upon the same, then he is compelled to approach this Court by means of this writ petition.
I do not find any substance in his submission, as on the recommendation of the Selection Committee, only approved candidate can be given appointment and joining for one academic session, of course, renewal is subject to their satisfactory performance. Any vacancy causing due to resignation or death, the same has to be readvertised afresh. The moment recommended and selected candidate joins against the advertised vacancies the panel got exhausted.
In the present case, all vacancies were filled up and in the mid session one vacancy arose due to death of Sri Gangotri Prasad Verma on 11.01.2008.
It is settled position that petitioner cannot claim against the said vacancy and the same was required to be readvertised in the year 2008 itself. Moreover, if he had any claim that cannot be raised after expiry of more than two years. The State Government has also taken a policy decision not to make any appointment on the post of Shiksha Mitra in view of the enforcement of Right to Education Act, 2009.
In view of the above, no interference is required. The writ petition is misconceived and is accordingly dismissed.
Order Date :- 8.7.2011 MTA