LAWS(UTN)-2010-7-239

UTTAM KUMAR BISWAS Vs. STATE OF UTTARAKHAND

Decided On July 05, 2010
UTTAM KUMAR BISWAS S/O ATUL CHANDRA BISWAS Appellant
V/S
STATE OF UTTARAKHAND THROUGH SECRETARY PRIMARY EDUCATION, UTTARAKHAND, DEHRADUN Respondents

JUDGEMENT

(1.) <DJG>B.S.Verma, J.</DJG> Heard learned counsel for the parties and perused the record.

(2.) By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the termination order of the petitioners dated 31-01-2009 as Shiksha Mitra passed by respondent no. 4 (Annexure-6 to the writ petition) on the ground of non-fulfillment of educational qualification.

(3.) According to the petitioners, the petitioner no. 1 was initially appointed as Shiksha Acharya on 1-3-2004 in the Education Guarantee School (EGS) village Dhainumber (Arvind Nagar), Tehsil Sitarganj, and petitioner no. 2 was appointed on 28- 11-2005 in the Education Guarantee School village Arvind Nagar No. 8. Lateron, the education guarantee schools have been upgraded to Government Primary Schools on 1-4-2008. The petitioners claim to have been absorbed in the upgraded Primary Schools and a resolution was passed on 12-4-2008 by the Village Education Committee for appointment of the petitioners as Shiksha Mitra in the same upgraded Government Primary School. Petitioners further claim that as per Government Policy, they were appointed on the sanctioned vacant post of Shiksha Mitra on 29-11- 2008.