SANJOO YADAV Vs. DISTT EDUCATION COMMITTEE

JUDGEMENT

(1.) Present special appeal has been filed against the order dated 7th May, 2003 passed by the learned single Judge whereby the writ petition has been dismissed as not maintainable under Article 226 of the Constitution of India on the ground that Shiksha Mitra is not civil post.

(2.) We have heard Sri Indra Raj Singh, learned Counsel for the appellant and the learned standing counsel who appears for the respondents.

(3.) Sri Singh invited attention of this Court to a judgment rendered by a learned single Judge in the case of Urmila Chaurasia v. State of U.P. and Ors., 2005 6 AWC 5214 , wherein the learned single Judge after going into the details of the Shiksha Mitra Scheme under which Shiksha Mitra is being appointed, has held that even though Shiksha Mitra will not hold a civil post the writ petition is maintainable as the correctness or otherwise of the action of the authorities on whom a duty is cast to act fairly under the Government order for making appointment of Shiksha Mitra can be gone into by this Court. We are, in respectful agreement with the view taken by the learned single Judge in the case of Urmila Chaurasia (supra) and hold that even though Shiksha Mitras do not hold civil post the writ petition is maintainable.