URMILA CHAURASIA Vs. STATE OF U P

JUDGEMENT

(1.) THESE writ petitions relate to the selection, appointment and continuance or refusal to do so in respect of the petitioners as 'Shiksha Mitra' who are Teachers in primary schools under a scheme known as 'Shiksha Mitra Yojna'.

(2.) LEARNED Standing Counsel on behalf of the State look a preliminary objection to the maintainability of these writ petitions on the strength of 2 decisions of this Court one by a learned single Judge in Writ Petition No. 15908 of 2003 decided on 15.4.2003 and the other in Special Appeal No. 547 of 2004 (Smt. Mala Devi v. State of U.P. and Ors.) decided on 17.5.2004. The judgment of the learned Single Judge and that in Special Appeal referred to herein above are quoted herein below:

(3.) IT has been further submitted that even otherwise the Division Bench judgment of Smt. Mala Devi while placing reliance on the case of Dr. Alok Kumar Singh v. State of U.P. and Ors., 2002 (2) ESC 427, has erroneously proceeded to adopt the reasoning thereof inasmuch as the said case had got nothing to do with the maintainability of a writ petition in a fact situation as involved in the present set of cases pertaining to Shiksha Mitra.