LILAVATI Vs. STATE OF U.P.AND OTHERS

JUDGEMENT

(1.) HEARD Sri M.C. Umrao, learned Counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1, 3 and 4, Sri C.N. Tripathi for the respondent No. 2, Sri Manish Chandra for the respondent No. 6, Sri M.R. Goswami forthe newly impleaded respondent Shivdas Singh and Sri V.K. Singh for the respondent No. 5.

(2.) WITH the consent of the learned Counsel for the parties this writ petition is being decided finally at this stage under the Rules of the Court.

(3.) THE brief facts in the present dispute are that the selection for the post of Shiksha Mitra in various Primary Schools was notified by the District Basic Edu­cation Officer vide memorandum dated 26th October, 2005, which included the second post of Shiksha Mitra in the Primary School, Kapasi Kalan, Block Koraon, District Allahabad. As per the resolution passed by the respondent No. 5 on 14.5.2005 the said vacancy was to be filled in by a general female candidate. It approved the name of one Smt. Archana Singh, who joined the institution in the year 2005. In 2006 the first post of Shiksha Mitra fell vacant due to selection of Sri Santosh Kumar the incumbent working on the said post as assistant teacher in B.T.C. Grade. Consequently, the respondent No. 4 vide notification dated 20th June, 2007 notified the said vacancy along with some other vacancies of Shiksha Mitra. The petitioner and several other candidates applied whereupon the respon­dent No. 5 vide resolution dated 3rd July, 2007 recommended petitioner's name having secured highest quality point marks i.e. 61.87%. The petitioner sent for training and thereafter she joined the aforesaid post. One Sri Shivdas Singh filed Writ Petition No. 44221 of 2007 contending that one post was already filled in by a woman candidate and if this post is also filled in by the same candidate it would amount to 100% reservation for women, which is not sustainable in law. The said writ petition was finally disposed of on 19th July, 2007 directing the District Mag­istrate to look into the grievance of Sri Shivdas Singh and pass appropriate or­ders.