Court No. - 34
Case :- WRIT - A No. - 1773 of 2021 Petitioner :- Ranjeet Ojha Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ravi Prakash Singh Yadav,Devi Prasad Singh Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
Hon'ble Yashwant Varma,J.
None has appeared for the petitioner even in the revised call.
The petitioner who was engaged as a Shiksha Mitra has preferred the instant writ petition seeking the following reliefs:
"I. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 4 to regular appoint of the applicant/petitioner on the post of Assistant Teacher in Primary School, working as absorbed Shiksha Mitra on 24.04.2015 Primary School, Bindkechappra, Block- Dubhar, District- Ballia.
II. Issue a writ order or direction in the nature of mandamus commanding and directing direct the respondent, to decide the representation/application dated 24.12.2020, submitted by the applicant/petitioner, pending till now within a span of time and period as provided and fixed by this Hon'ble Court in the interest of justice."
The aforesaid prayer cannot possibly be countenanced or granted bearing in mind the decision rendered by the Full Bench of the Court in Anand Kumar Yadav And Others Vs. Union Of India And Others [Writ - A No. -34833 of 2014, decided on 12 September 2015]. The Court also bears in mind the directions issued by the Supreme Court in its judgment delivered in State of U.P. and Others Vs. Anand Kumar Yadav And Others [Civil Appeal No. 9529 of 2017] by which the decision of the Full Bench was affirmed. All that the Supreme Court had additionally provided was for the Shiksha Mitras' being permitted to participate in future recruitment exercises that the State may undertake. Bearing in mind the facts that the engagement of Shiksha Mitras' was to be purely contractual and the findings with respect to their status in the two decisions noted above, the question of absorption does not arise.
Consequently, the writ petition fails and is dismissed. Order Date :- 24.8.2021 Arun K. Singh