JANKI PRASAD VERMA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Case called out. None is present on behalf of the respondent nos. 3 & 4 to press the petition.

(2.) Instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner praying that a direction in the nature of certiorari quashing the impugned order dated 21.03.2012 passed by the respondent no. 3, District Education Committee, Balrampur and a direction in the nature of mandamus commanding the respondents to consider the appointment of the petitioner on the post of Shiksha Mitra be issued in accordance with Government Order dated 24.04.2006.

(3.) By way of the instant petition, the petitioner challenged the arbitrariness of the order passed by the respondent no. 2 dated 21.03.2012 by which he has rejected the claim of the petitioner for appointment on the post of Shiksha Mitra in primary school Radhika Nagar, Village-Sahjaura, District-Balrampur on the ground of? arbitrariness that vide order dated 11.08.2011 passed in Writ Petition No. 5027 (S/S) of 2011; this Court was pleased to pass the specific direction to the respondent no. 2 to consider the matter; that after considering the matter and report of Assistant Basic Shiksha Adhikari (hereinafter referred to as "ABSA') Rehra Bazar, Balrampur as well as the Government Order dated 24.04.2006, the petitioner was not given appointment; that the respondent no. 2 has admitted that the petitioner is one month senior to the respondent no. 4 but since the petitioner and the respondent no. 4 have not submitted their experience certificate, the respondent no. 4 having better qualification has been given appointment; that the impugned order has been passed negligently on the basis of Government order dated 24.04.2006 as well as report of the ABSA, a photocopy of the order dated 21.03.2012 has been filed as Annexure No. 1 to the writ petition; that on 24.04.2006, the State Government issued a Government Order regarding Shiksha Mitra wherein, it has been provided that if in a Gram Panchayat against one post of Anudeshak more than one Anopcharik Anudeshak are available the priority will be given to the person who has longer service tenure, a copy of the Government Order dated 24.04.2006 has been filed as Annexure No. 2 to the writ petition; that the ABSA has advertised for the post of Shiksha Mitra for the aforesaid village that in the advertisement it was specifically provided that in case of more than one Anopcharik Anudeshak for single post the Anopcharik Anudeshak who has longer service tenure shall be given priority, a copy of the advertisement has been filed as Annexure No. 3 to the writ petition; that the petitioner applied for the post of Shiksha Mitra in the aforesaid primary school on 02.11.2007 and Basic Shiksha Adhikari (BSA) prepared the merit list and send for proposal to the District Education Level Committee; one post was reserved of Other Backward Class (OBC) female and the other one that for Anopcharik Anudeshak; that the candidature of the petitioner ought to have been considered for Shiksha Mitra; that the District Education Level Committee did not take any decision on the appointment of the Shiksha Mitra; that the petitioner filed a Writ Petition No. 1824 (S/S) of 208 before this Court and this Court was pleased to pass an order directing the District Magistrate, Balrampur to decide the representation of the petitioner in accordance with law, a copy of the order has been annexed as Annexure No. 6 to the writ petition; that on 15.07.2008, the District Magistrate, Balrampur has rejected the representation of the petitioner and mentioned that though the petitioner and the respondent no. 4 having similar service, respondent no. 4 having better merit has been selected; that the District Magistrate, Balrampur overlooked the facts; that the petitioner is senior to the respondent no. 4 by one month; that the order passed by the District Magistrate on 15.07.2008 has never been communicated to the petitioner; that on 04.12.2008, on the complaint of the petitioner, B.S.A. sought report from the ABSA as whose service tenure is longer; that ABSA submitted report that the petitioner is one month senior to respondent no. 4, a copy of the report has been filed as Annexure No. 7 to the writ petition; that on 22.07.2008, the respondent no. 4 was selected, hence this petition; that on 23.01.2009, the B.S.A., Balrampur forwarded report of the ABSA to the District Magistrate, Balrampur on which the District Magistrate, Balrampur passed an order to the effect that since the petitioner is senior to the respondent no. 4, the B.S.A. was directed to cancel the selection of the respondent no. 4 and directed to take a fresh decision on the said selection, a copy of the same has been filed as Annexure No. 9 to the writ petition.