ANITA Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) The Special Appeal has been filed against the judgment and order of Hon'ble Single Judge dated 24.9.2014, whereby the writ petition filed by the appellant for quashing of the order dated 3rd June, 2009, whereby her engagement as Shikshamitra has been terminated and for direction to reinstate the petitioner as Shikshamitra at the Prathmik Vidyalay, district Aligarh had been dismissed.

(2.) Hon'ble Single Judge, has held that the scheme of Shikshamitra itself has been winding up in the State of Uttar Pradesh under the Government Order dated 2nd June, 2010. The impact of such wound up the scheme has been considered by Full Bench of the High Court in the case of Km. Sandhya Singh and others v. State of U.P. & others, 2013 7 ADJ 1(FB). The Writ Court dismissed the petition after observing that no fresh appointment of Shikshamitra can now be made.

(3.) Learned counsel for the petitioner challenging the order so passed submitted before us that her was not a case of fresh appointment. The petitioner had approached this Court against the order of termination of her engagement and therefore, if the Court has examined the merit of the order of the termination and had come to conclusion that the petition had merit and order had to be set aside, then relief of reinstatement as Shikshamitra could be granted. This cannot be equated with fresh appointment of Shikshamitra. He explains that the Government Order dated 2nd June, 2010 and the judgment of the Full Bench in the case of Km. Sandhya Singh and others v. State of U.P. & others, 2013 7 ADJ 1(FB) had no application in the facts of her case.