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 Luc know. 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. The Pradhan of the village is the Chairman of Gram Shiksha Samiti. The papers relating to the selection was 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 7.5.2002 was passed.

(2.) ACCORDINGLY , by order dated 29.5.2002, the selection and the training in pursuance thereof of the petitioner as "Shiksha Mitra" was suspended. The order dated 29/30.5.2002 passed by Basic Shiksha Adhikari is the impugned in the present writ petition.

(3.) LEARNED counsel for the petitioner urged that the petitioner was rightly selected and is entitled to complete the training in pursuance of the said selection as "Shiksha Mitra" and the order dated 29/30.5.2002 restraining her from training on the ground that she is ineligible to be selected under Clause 6 -Cha of the Government order dated 26.5.99 is ultra vires and discriminatory on account of Article 16(2) of the Constitution of India.