RASHMI DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner applied for appointment on the post of 'Shiksha Mitra' for Gram Sabha Govindpur Kshetra Mohanlalganj, District, Lucknow. She was selected by a Committee constituted under the Government Order No. 2604/15 -15 -99 -282/98 dated 26 -5 -1999, namely. Gram Shiksha Samiti.

(2.) THE Pradhan of the village is the Chairman of Gram Shiksha samiti. The papers relating to the selection were submitted to the District Basic Shiksha Adhikari, Lucknow for approval. On complaint a thorough inquiry was made by Assistant Basic Shiksha Adhikari, Mohanlalganj who submitted his report on 27 -5 -2002 on the ground that the petitioner is real sister of Gram Pradhan and ineligible to be considered under the Government Order for the said post. On the basis of said report order dated 27 -5 -2002 was passed.

(3.) THE petitioner has challenged the vires of Clause 6 (Cha) of the Government Order dated 26 -5 -99 which runs as follows : (Vernacular matter omitted) as ultra vires to the provisions of Article 16(2) of the Constitution of India -being discriminatory on the ground of 'descent '.