Hon'ble Manish Mathur,J.
(Application No.15879 of 2010)
1. The application seeks condonation of delay in filing the special appeal.
2. Learned counsel for the appellant/writ respondent No.5 has not appeared to prosecute the case. Case relates to the year 2010. Nine years have gone by. We find no justifiable reason to adjourn the case to await appearance of the counsel.
3. Having gone through the contents of the affidavit accompanying the application and keeping view that learned counsel for the respondent State and learned counsel for respondent No.3 Mr. Jyotinjay Verma, have not opposed the application, we hereby condone the delay in filing the appeal.
4. On request of learned counsel for respondents, the appeal is taken up for hearing today itself.
kkb/ 29.8.2019 Court No. - 2 Case :- SPECIAL APPEAL DEFECTIVE No. - 88 of 2010 Appellant :- Km. Deepika Singh D/O Ashok Kumar Singh ( S/S 7856/2009 ) Respondent :- State Of U.P. Thru Prin.Secy. Basic Education & Ors.
Counsel for Appellant :- Rohit Mishra,Abhay Pratap Singh Counsel for Respondent :- C.S.C.,Alok Kr. Mishra,D.R. Misra,Jyotinjay Verma Hon'ble Ajai Lamba,J.
Hon'ble Manish Mathur,J.
(Oral)
1. Km. Deepika Singh has preferred this intra-Court special appeal in challenge to order dated 26.11.2009 rendered in Writ Petition No.7856(S/S) of 2009 titled "Jeenat Parveen versus The State of U.P."
Apparently, the appellant was writ respondent No.5 and being aggrieved has preferred this special appeal.
2. Learned counsel for the appellant/writ respondent No.5 has not appeared to prosecute the case. Case relates to the year 2010. Nine years have gone by. We find no justifiable reason to adjourn the case to await appearance of the counsel.
In the circumstances, with the assistance of learned counsel for respondents Mr. Jyotinjay Verma, we have gone through the pleadings and contents of the impugned order.
3. Mr. Verma has pointed out that Shiksha Mitras were appointed for particular academic session. After coming into force The Right of Children to Free and Compulsory Education Act, 2009, Government Order dated 2.6.2010 was issued where-after Shiksha Mitras are not being appointed.
4. We having considered all the relevant facts and circumstances and are of the view that Shiksha Mitras are appointed for a particular academic session. In the case in hand, issue was raised in regard to appointment of Shiksha Mitra for academic session 2006 - 07.
5. On the second count we have taken note of the fact that the Act of 2009 came into force in consequence to which Government Order dated 02.06.2010 was issued. The Government Order was issued so as to ensure that duly qualified and trained teachers are appointed in the interest of qualitative education. After issuance of Government Order dated 02.06.2010, Shiksha Mitras are not being appointed. Apparently, the said Government Order was not brought to the notice of learned Single Judge and therefore, judicial notice of the said Government Order could not be take.
6. In view of the fact that after 2010, Shiksha Mitras are not being appointed in terms of the Government Order, we find no adjudicable cause of action at this point in time.
7. In view of the above, the appeal is disposed of.
Order Date :- 29.8.2019 kkb/