This writ petition has been filed for quashing the order dated 15.10.2008 passed by opposite party no.3-District Basic Education Officer, Gonda and also prayed for issuing a direction to opposite parties to pay the honorarium of the petitioner for the post of Shiksha Mitra continuously in every month along with the arrears.
Brief facts of the case are that the petitioner was appointed on the post of Shiksha Mitra for the sessions 2002-2003 with effect from 7.8.2002 on the basis of resolution passed by the Gram Shiksha Samiti. Thereafter the appointment of the petitioner was renewed for the academic sessions 2003-04, 2004-05, 2006-07 and 2007-08. The petitioner was selected for B.Ed. training course in 2008. Petitioner moved an application on 16.1.2008 to opposite party no.5 for granting her leave without pay. Application of the petitioner was considered and leave was granted to her. Petitioner informed to opposite party no.4 about the leave granted to her by opposite party no.5. Petitioner proceeded to complete her B.Ed. training and after completing her B. Ed. training course when she requested the opposite parties for granting permission to join the school. Gram Shiksha Samiti considered the application of the petitioner and permitted her to join the school and her joining report dated 1.2.2009 was forwarded to the higher authorities. The petitioner was allowed to work and her honorarium was not paid. Petitioner moved application to the opposite parties for payment of honorarium to her. Gram Shiksha Samiti vide resolution dated 17.2.2010 allowed for payment of honorarium to the petitioner but higher authorities have not taken any action about it. Petitioner moved representation to opposite party no.3 on 19.02.2010 for payment of honorarium but nothing has been done. Being aggrieved petitioner filed writ petition No. 5136 (S/S) of 2008, which was disposed of vide order dated 27.8.2008 directing opposite party no.3 to consider and decide the representation of the petitioner within six weeks. By the impugned order dated 21.08.2008 the representation of the petitioner so moved pursuant to direction of this Court dated 27.8.2008 has been rejected, hence this writ petition.
Learned counsel for the petitioner submitted that impugned order dated 15.10.2008 has been passed without considering the documents produced and without giving an opportunity of hearing to the petitioner, hence deserves to be quashed.
On the other hand learned standing counsel submitted that after coming into force The Right of Children to Free and Compulsory Education Act, 2009, Government Order dated 02.06.2010 was issued in implementation of which appointment of Shiksha Mitras was discontinued.
It has further been pointed out that the issue involves selection/appointment on the post of Shiksha Mitra for academic year 2008-09. It has been contended that appointment of Shiksha Mitras being for academic year 2008-09, no purpose in law would be served by adjudicating the issue.
I have heard learned counsel for the petitioner and learned standing counsel for the State-respondents and perused the record.
The policy of Shiksha Mitra has come to an end vide Government Order dated 01st June, 2010. The issue whether after winding up of the said scheme appointment can be made as a Shiksha Mitra or not, came to be considered by a Full Bench of this Court in Km. Sandhya Singh and others v. State of U.P. and others, 2013 (7) ADJ 1 (FB). The Full Bench has held that after the scheme is wound up, no person has right to be appointed as Shiksha Mitra. Admittedly, the appointments under the scheme of Shiksha Mitra have been withdrawn long back, hence the petitioner cannot be appointed as a Shiksha Mitra.
In view of above, the writ petition lacks merit and it is accordingly dismissed.
Order Date :- 27.8.2019 Prajapati