VINOD KUMAR BIND Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Ashutosh Tripathi, learned counsel for the petitioner. Shri Pankaj Rai, Addl. Chief Standing Counsel appears for respondent nos.1 and 2. Shri A.K. Yadav appears for respondent no.3 and Shri Sidhartha Khare for respondent no.4.

(2.) On 21.8.2012 a complaint was made by the respondent no.4 against the appointment of the petitioner on the post of Prerak before the Khand Shiksha Adhikari, Meja, Allahabad. The Khand Shiksha Adhikari issued order to the Secretary, Lok Shiksha Samiti to inquire into the allegations made by respondent no.4 in this regard. It is averred by the petitioner that the respondent no.4 was at Sl. No.22 in the merit list having 86.6 marks, whereas the petitioner was at Sl. No.1 having 193.68 marks more than double of the marks of respondent no.4. On 28.8.2012 the members of the Lok Shiksha Samiti submitted explanation clarifying that the allegations of respondent no.4 are false. The respondent no.3 i.e. District Basic Shiksha Adhikari, Allahabad issued order dated 12.12.2012 calling upon the Khand Shiksha Adhikari; Head Master, Primary School Akhari Shahpur and the complainant Smt. Deepak Srivastava as well as the petitioner to appear on 19.12.2012 for hearing and decision in the matter. Finally the District Basic Shiksha Adhikari passed the impugned order dated 26.12.2012 by which a direction was issued to the Gram Panchayat Lok Shiksha Samiti Akhari Shahpur to consider the grievance of the respondent no.4 and rectify the alleged merits list. Aggrieved with the said order the present writ petition has been filed.

(3.) The matter was heard initially on 8.2.2013 and the Court had passed the following interim order:-