Heard Sri Ravi Singh learned counsel for the petitioner. and Sri N.S. Yadava holding brief of Sri Deepak Srivastava, who is stated to be out of station.
It may be noted here that several opportunities were given to the opposite parties to seek clear and specific instructions in this matter. Nobody has appeared and no instructions were given. On 5.1.2010 an order was passed that written notice may be given to learned standing counsel that the case will be taken up on 11.1. 2010. On receiving this written notice Sri Deepak Srivastava had appeared. On 11.1.2010, Sri Deepak Srivastava prayed for only three days time to seek clear instruction in this regard. On that date he has also prayed that due to confusion created by Pairokar,some other file has been entrusted to him and hence he is unable to give any assistance to the Court and prayed that further time may be granted to get clear instruction. Today, a four paragraphs' counter- affidavit has been received and in the fifth paragraph a further request for filing the counter- affidavit has been made. No reliance can be placed on it, because two contradictory stand has been taken in par a 2 and 3 of the same counter- affidavit. In para-2 it has been stated that one RakeshKumar Verma has been selected as Shiksha Mitra, who has been given training and is posted at Gaura Prathmik Vidlaya,Gaura, Shiksha Kshetra Tarun, while in para- 3 it has been stated that inquiry is being conducted concerning the advertisement issued on 1.3.2008. The case of the petitioner is that when the inquiry is pending regarding selection, how Rakesh Kumar Verma has been selected and appointed. The Court is handicapped for want of any clear statement or instruction or stand from the opposite parties. Attempt has been made by the Court by giving several opportunities but nothing is forthcoming.
Accordingly, the Court stays the operation and implementation of the order dated 25.10.2008 passed by the District Magistrate to that extent by which a fresh selection has been ordered by the District Magistrate and directs to consider the case of the petitioner afresh in pursuance of the merit list dated 13.3. 2008 contained in annexure- 3 to the writ petition for appointment on the post of Shiksha Mitra.
Learned counsel for the B.S.A. Sri Deepak Srivastava is granted three weeks time to file detailed counter- affidavit as prayed by him. List thereafter.
Order Date :- 19.1.2010 Sadiq