LAWS(UTN)-2006-11-11

SHISHUPAL SINGH BHANDARI Vs. STATE OF UTTARANCHAL

Decided On November 16, 2006
SHISHUPAL SINGH BHANDARI Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) BY means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the advertisement dated 1.12.2003 (Annexure -8 to the writ petition) issued by respondent No. 3, for appointment of Shiksha Mitra in Primary School village Nilarhi in district Chamoli.

(2.) HEARD earned Counsel for the parties and perused the record.

(3.) RESPONDENT Nos. 1 and 2 contested the writ petition and filed their counter -affidavit, in which it has been stated that the scheme of Shiksha Mitra was introduced to give employment to the local educated unemployed youths and Km. Arti was eligible for said appointment. Defending disapproval of the petitioner's name, it is stated in the counter -affidavit that the petitioner did not belong to the village Panchayat of Nilarhi and Km. Arti, who belongs to said village, was eligible for appointment, and she had a preferential right to be appointed. It is further stated in the counter -affidavit that the respondent No. 3 Gram Shiksha Samiti, Village Panchayat Nilarhi, forwarded name of the petitioner, ignoring the claims of the local unemployed educated youths. It is also stated on behalf of the respondents that Km. Arti made a complaint to respondent No. 2, regarding the irregularities committed by respondent No. 3. The recommendation of respondent No. 3, according to the contesting respondents, was against the rules.