DILEEP KUMAR VERMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS special appeal challenges the order dated 31.3.09 passed by the learned Single Judge. It has been urged before us that a post of Shiksha Mitra was advertised and selection was made, and the incumbent, who was given appointment, after working for a year or so has resigned. The grievance of the appellant is that once an incumbent had joined in pursuance of the advertisement and he having resigned after a year or so, the said vacancy could not have been filled in by a person, namely, Prem Shankar Awasthi, who was at serial no.2 in the panel prepared in the selection. The pleadings are too short in the writ petition to address ourselves on this issue. However, learned counsel for the respondents Sri D.R. Misra, on the basis of instructions, says that no fresh advertisement was issued nor any fresh selection was made after the earlier person appointed had given resignation. The learned Single Judge has not addressed on the aforesaid issue in the absence of material. Obviously if in pursuance of the selection held, if any person is appointed, the select list stands exhausted and if subsequently the vacancy again occurs because of transfer, death or otherwise, then in such a situation, normally a fresh selection is to be made. We, therefore, without entering into the merits of the claim of the appellant or that of the private respondent, dispose of the special appeal with the direction that the appellant shall make a fresh representation to the District Basic Shiksha Adhikari, who shall decide the same in accordance with law, by a speaking order, after affording opportunity to the parties concerned.