SHIV KANT MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) N. K. Mehrotra, J. Heard Ms. Madhulika Yadav appearing for the petitioner and Shri M. M. Asthana Standing Counsel for the respondent No. 3.

(2.) THIS is a petition for quashing the appointment order of Smt. Neerja Mishra on the post of Shiksha Mitra during the academic session 2004-2005. The petition has been filed without impleading Smt. Neerja Mishra. The petitioner has filed one more Writ Petition No. 1487 (S/s) of 2005, Shiv Kant Mishra v. State of U. P. & Ors. The writ petition was disposed of finally with a direction to consider and dispose of the representation of the petitioner. The representation has been disposed of vide order dated 7-5- 2005 passed by the District Basic Education Officer by saying that academic session 2004-2005 has expired and there will be new selection in the academic session 2005-2006 in which the petitioner may apply.

(3.) LEARNED Counsel for the Basic Shiksha Adhikari has referred a decision of this Court at Allahabad in Civil Misc. Writ Petition No. 6989 (S/s) of 2004, Sita Ram v. State of U. P. & Ors. , in which this Court has relied on a decision of earlier Division Bench in Smt. Saroj Singh v. State of U. P. & Ors. , 2000 (2) ESC 1263, and a judgment in Special Appeal No. 509 of 1997, Smt. Sunaina Singh v. District Magistrate Mau & Ors. , in which the Division Bench has held that since the post of Shiksha Mitra is not a civil post and it is on the basis of the honorarium on contract for a particular period as such the writ petition challenging the selection process is not maintainable.