This writ petition has been filed for quashing the order dated 21.08.2008 passed by opposite party no.3-District Basic Education Officer, Gonda and also for quashing of the selection list dated 30.12.2005 prepared by the village education committee.
Brief facts of the case are that pursuant to the advertisement petitioner had applied for appointment on the post of Shiksha Mitra on 17.12.2005. List of selected candidates men and women were prepared in which the name of petitioner stood at serial no.1. In Gram Panchayat Majhora, Kshetra Panchayat Wazirganj, District Gonda, there are 4 primary schools namely Primary School Ghankan Purwa, wherein Smt. Maya Singh has been selected in Primary School Majhara Ist, Smt. Anupama Srivastava and in primary school Majhara IInd, Smt. Kiran have been selected and the petitioner has been denied appointment in either of the schools mentioned above. Being aggrieved petitioner moved an application before opposite party nos. 2 and 3 on 14.2.2006, when no action has been taken by the opposite parties petitioner filed writ petition No. 1804 (S/S) of 2006. Vide order dated 6.3.2006 the said writ petition was disposed of directing opposite party no.3 to consider and decide the representation of the petitioner within two months. By the impugned order dated 21.08.2008 the representation of the petitioner so moved pursuant to direction of this Court dated 6.3.2006 has been rejected, hence this writ petition.
Learned counsel for the petitioner submitted that impugned order dated 21.08.2008 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 but in the present case the petitioner was never given appointment on the post of shiksha mitra.
It has further been pointed out that the issue involves selection/appointment on the post of Shiksha Mitra for academic year 2005-06. It has been contended that appointment of Shiksha Mitras being for academic year 2005-06, 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