RAJENDRA PRASAD YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri R.K. Ojha, learned Counsel for the Appellant. Learned Standing Counsel appears for the Respondents. Shri Arvind Maurya appears for Respondent No. 6.

(2.) This special appeal arises out of the judgment and order of the learned Single Judge dated 22.7.2008, by which he has dismissed the writ petition filed by Shri Rajendra Prasad Yadav, claiming appointment as 'Shiksha Mitra' in Village Harchandpur, Post Office Bhiti, Vikas Khand Handia, Distt. Allahabad after treating the post of 'Shiksha Mitra' in the village to be reserved for an eligible person belonging to 'Other Backward Class'.

(3.) An advertisement was issued for selections of 'Shiksha Mitra' in the village in the year 2004. One Shri Ashwini Kumar was selected and appointed. The selection was challenged on which this Court directed the District Magistrate to decide the Petitioner-Appellant's representation. The District Magistrate cancelled the appointment of Shri Ashwini Kumar on 16th July, 2007. A fresh advertisement was issued on 24th December, 2007. On the recommendation of Village Shiksha Samiti, the District Level Committee selected Ms. Archana Maurya-Respondent No. 6. The Petitioner-Appellant again filed the writ petition challenging the appointment of Archana Maurya. The writ petition was again disposed of directing the District Magistrate to decide the representation, which was thereafter rejected by the District Magistrate giving rise to the writ petition. It was contended by learned Counsel appearing for the writ Petitioner before the learned Single Judge that since the post of Pradhan was reserved for OBC candidate, when initial advertisement was made in the year 2004, in the subsequent advertisement issued in the year 2007 also the Shiksha Mitra should have been selected from OBC category, and not from the general category.