ANOOP KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is the son of Madhu Sudhan Mishra. Madhu Sudhan Mishra was admittedly the member of the Gram Shiksha Samiti. He was also the Head Master of the Primary School where a Shiksha Mitra was. to be appointed. The respondent No. 6, Smt. Santi Devi was appointed on the said post and the petitioner represented against the same. The said representation has been rejected on the ground that the petitioner's selection was not possible as he happens to be the son of Madhu Sudhan in whose handwriting the entire proceedings have been prepared. The participation of Madhu Sudhan Mishra in the selection is established, therefore, the claim of the petitioner has been rightly rejected.

(2.) Learned counsel for the petitioner contends that even otherwise the petitioner was an instructor and, therefore, he was entitled to the benefits of first preference. He further submits that since the petitioner's father was not the Secretary, therefore, the participation of Madhu Sudhan Mishra as a Member did not amount to any disqualification and as such the representation of the petitioner should not have been rejected.

(3.) An interim order was passed by this Court staying the operation of the order dated 7th July, 2007. A counter affidavit has been filed on behalf of the respondent No. 6 and it has been averred that as a matter of fact the petitioner somehow the other wanted to claim his appointment in spite of the fact that the Head Master of the Junior High School of the same village Mr. Chandra Bhushan' Pandey who was the Secretary of the Gram Shiksha Samiti had deposed during the inquiry that he was not present at the time when the said selection proceedings were prepared. It has been further submitted that whatever be the position the respondent No. 6 being of the handicapped category was rightly selected and, therefore, an Anudeshak will not have any priority over the said respondent who is not of the physically handicapped category. The respondent further submits that the order has been passed after complying with the principles of natural justice and in view of the aforesaid admitted position of the participation of Madhu Sudhan Mishra there was no occasion for the petitioner to have claimed appointment.