ROOP NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) SUPPLEMENTARY affidavit has been filed today. The same may be kept on record. Heard learned counsel for the petitioner, learned Standing Counsel for the opposite party no. 1 and Sri D. R. Mishra, learned counsel appearing for the opposite party no. 2. Notice need not be issued to the opposite party no. 3 in view of order, which the Court proposes to pass. The grievance of the petitioner is that the engagement of the petitioner as Shiksha Mitra was stayed by order dated 15. 05. 2006 passed by the opposite party no. 2 on the ground that Domicile Certificate on the basis of which the petitioner has been selected and appointed as Shiksha Mitra, has been cancelled by the Deputy District Magistrate, Nanpara, District Bahraich. It has been submitted by the learned counsel for the petitioner that the Deputy District Magistrate, Nanpara has after considering the material on record issued a fresh Domicile Certificate on 16. 09. 2005 to the petitioner. Thereafter, the petitioner filed an application before the District Basic Education Officer, Bahraich on 25. 11. 2008, copy whereof has been filed as Annexure-5 to the writ petition with a prayer for vacating the stay order dated 15. 05. 2006. However, the District Basic Education Officer, Bahraich has not passed any order on the petitioner's application till date. A prayer has been made by the learned counsel for the petitioner that the opposite party no. 2 be directed to take a decision on the petitioners' application dated 25. 11. 2008, copy whereof has been annexed as Annexure-5 to the writ petition, within a stipulated period of time. The learned counsel appearing for the opposite parties has no objection to the aforesaid prayer. In view of the aforesaid, the writ petition is disposed of finally with a direction to the opposite party no. 2 to consider and decide the petitioners' application dated 25. 11. 2008, copy whereof has been annexed as Annexure-5 to the writ petition, strictly in accordance with law by a reasoned and speaking order within a period of one month from the date of production of certified copy of this order. For a period of one month or till the petitioner's representation is decided whichever is earlier, no fresh appointment shall be made on the post on which the petitioner had been appointed as Shiksha Mitra. .