SANDHYA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONERS, who are five in number, claim to have been selected for the post of Shiksha Mitra in the year 2009. However, they were neither appointed as Shiksha Mitra nor were sent for training despite the said selection. In the meantime the State Government imposed a ban on appointment of Shiksha Mitra because of the change in the policy vide Government Order dated 02.06.2010. The scheme in respect of Shiksha Mitra itself has been done away with and by means of the subsequent government order it has been provided that no further training to Shiksha Mitras shall be provided.

(2.) ACCORDING to the petitioners one Sheela Yadav who was also selected similarly like the petitioner filed Civil Misc. Writ Petition No. 15796 of 2011 before the High Court. The writ petition was dismissed on 29.03.2011 because of the ban imposed by the State Government vide Government Order dated 02.06.2010. Sheela Yadav, not being satisfied, filed Special Appeal No. 765 of 2011. The appeal has been allowed by the Division Bench of the High Court and it has been held that since selections had taken place earlier in point of time to the imposition of the ban, the same shall not apply as it was prospective in nature. The selected Shiksha Mitra was directed to be sent for training. ACCORDING to the petitioner against the order of the Division Bench, Special Leave to Appeal was filed before the Apex Court which has been dismissed on 09.01.2012. Petitioners have, therefore, come up before this Court for similar orders being issued.

(3.) APPEAL Defective No. 373 of 2011 :