VINEETA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The writ petition is directed against the order dated 19th January, 2009 passed by District Basic Education Officer, Gonda declining to renew engagement of the petitioner as Shiksha Mitra on the ground that her very initial appointment in 2003 was illegal since only 14 applications were received which did not include application of the petitioner and yet the proposal was made by Village Education Committee on 6th January, 2003.

(2.) The case set up by the petitioner is that initially in the year 2002 applications were invited for appointment on two posts of Shiksha Mitra in Gram Panchayat Rani Jot though the petitioner had also submitted her application but the same was not forwarded by the Principal, Primary School, Maskanwa to District Selection Committee and other 14 applications were forwarded and entertained by the Village Selection Committee. The petitioner, in the circumstances, made a complaint on 26th April, 2002. The respondent No.2 i.e. the District Magistrate, Gonda, therefore, cancelled earlier selection proceedings by order dated 26th December, 2002 and directed for fresh selection. Pursuant thereto Assistant Basic Education Officer issued an order on 26.12.2002 directing Block Development Officer to take steps for receiving fresh applications forms on 6th January, 2002. It was made clear in the aforesaid order that applications would be received under the Chairmanship of Village Development Officer, Vikas Khand Chhapia on 6th January, 2003 between 10 to 12 a.m. The applications were required to be submitted by the candidates in person. It was also directed that due receipt shall be issued to all the applicants. A copy of the letter issued by Assistant Basic Education Officer on 26.12.2002 is on record as Annexure 2 to the writ petition.

(3.) The petitioner thereafter claimed to have submitted her application form on 6th January, 2003, a copy whereof has been filed as Annexure 3 to the writ petition. The respondent No.5, after scrutiny of application form, proposed the name of the petitioner and one Smt. Raj Kumari Gupta for appointment on the two posts of Shiksha Mitra. The aforesaid selection was finalized and the petitioner was appointed after giving training for 30 days. The petitioner's appointment made in 2004 continued to be renewed thereafter every year.