SANJULA TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Present writ petition has been filed by the petitioners for issuing a writ in the nature of mandamus commanding respondents to appoint the petitioners on the post of Shiksha Mitra in urban areas in the light of Government Orders dated 12. 07. 2006 and 15. 06. 2007 and also in compliance of High Court's order dated 15. 12. 2005. From the own showing of the petitioners, they had been performing and discharging their duties upto 13. 09. 2005 and on 13. 09. 2005 order was passed by District Basic Education Officer, Gorakhpur mentioning therein that services of the petitioners as Shiksha Mitra have dispensed with, as scheme of Shiksha Mitra has been formulated only for rural areas and not for urban areas. Petitioners had filed Civil Misc. Writ Petition No. 75190 of 2005 before this Court and this Court disposed of aforesaid writ petition. Thereafter petitioners claim that State Government has issued Government Order dated 23. 08. 2006 enforcing Shiksha Mitra Scheme in Urban areas also. Petitioner have thereafter given reference of Government Order dated 15. 06. 2007 and then present writ petition has been filed, praying for relief as quoted above. Nature of scheme of Shiksha Mitra is not employment oriented rather said scheme is community service scheme and as far as petitioners are concerned earlier they have been appointed as Shiksha Mitra and thereafter their appointment came to an end on 13. 09. 2005. Nature of appointment of Shiksha Mitra is purely contractual in nature and same is to be made on year to year basis. Once appointment of the petitioners had been done away with in the past, then petitioners ipso-facto do not get any right to claim appointment on the post of Shiksha Mitra in urban areas. As far as Government Order dated 15. 06. 2007 is concerned, Clause-5 clearly provides that said scheme had been made applicable to urban areas and further it clearly provides that Shiksha Mitra from urban area who have been expelled they can apply. Once this is the factual position which has emerged then merely because petitioners have functioned as Shiksha Mitra in the past, same will not confer any right of preference whatsoever for appointment of the petitioners as Shiksha Mitra as appointment is to be made strictly as per the policy formulated and this Court has not authority to inter-meddle the policy formulated and supplant the same. Consequently, present writ petition has no forced and same is dismissed. .