KIRAN LATA YADAV Vs. REKHA

JUDGEMENT

(1.) WE are of the opinion that on the urgency disclosed in the application filed along with the special appeal, the matter requires hearing in summer vacations. Heard Shri Manish Kumar Nigam for the appellant. Shri Guija Tiwari appears for respondent no. 9. Learned standing counsel appears for the state respondents. The appellant was selected and appointed as 'Shiksha Mitra' in Primary Vidyalaya Kairadeeh, Village Dumaraila, Tehsil Khajani, District Gorakhpur vide appointment letter dated 7.3.2009. It is stated by Shri Manish Kumar Nigam that she was not made a party to the writ petition in which the entire select list including her name was set aside by this Court on the ground that the Government Order dated 6.5.2008, by which the first preference given to the Shiksha Anudeshak/Parivekshak was withdrawn and that special marks were awarded to them for having worked for the respective period. It is stated by him that the appellant was selected and was working as Shiksha Mitra in Primary Vidyalaya Pranpur, Tehsil Sahjanwa, District Gorakhpur. After her marriage she shifted to village Dumaraila and that in the Government Order dated 15.6.2007 (para-7) the State Government has given first preference to the appointments of such Shiksha Mitras, who were working and had to change their residence on account of their marriage. The cause shown for condonation of delay is good and sufficient. The delay is condoned subject to the objection, which may be taken up by the respondents in the counter affidavit. List on 14th July, 2009. The application to grant leave to appeal is allowed. The respondents-petitioners did not implead the persons, who were included in the select list and have been affected by the judgment of the Court. WE find that the preference has been awarded both to the ladies, who had to shift on account of their marriage, as in the case of appellant, and those persons, who were working as Anudesak/Parivekshak. In this situation the selection committee was to balance equities required to consider the marks obtained by respective candidates for selection. The appellant had higher percentage of marks in the High School and Intermediate examinations. She was actually selected and appointed on 5.2.2009. She was thus entitled to be heard before the list including her name was cancelled. Until further orders, the judgment dated 17.4.2009 in Writ Petition No. 10938 of 2009 shall not be given effect to so far as the appointment of appellant Kiran Lata Yadav as Shiksha Mitra for Village Dumaraila is concerned.