VINNETA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) IN the present case, petitioner is aggrieved by order dated 24.03.2009 passed by District Basic Education Officer, Jhansi cancelling the order of approval in respect of selection and appointment of Smt. Sarla Devi as Shikshamitra for Primary School Bangra (Khirak) to the extent it directs for undertaking fresh denovo selection for appointment on the post of Shikshamitra. Brief background of the case is that proceedings for selection and appointment on the post of Shikshamitra were undertaken for academic session 2006-07, wherein petitioner and Smt. Sarla Devi were also applicants. Ultimately the name of Smt. Sarla Devi was finalised, but subsequently her claim was non-suited on the ground that she was not resident of the village concerned. Aggrieved, she filed writ petition No.9343 of 2007, wherein initially interim order was passed, and the appointment of Smt. Sarla Devi was restored till final disposal of the writ petition. Said writ petition has been dismissed by this Court vide order dated 04.02.2009, and thereafter consequential order has been passed cancelling the appointment of Smt. Sarla Devi and further directives have been issued for fresh denovo selection. Questioning the validity of said direction, present writ petition has been filed. Petitioner claims that she was at serial No.2 in the said selection proceedings and once the claim of Smt. Sarla Devi has been cancelled, it is petitioner who is entitled to be offered appointment on the post in question. Division Bench of Court in the case of Sanjay Kumar Singh vs. State of U.P. and others, 2008 (4) ADJ, has held that once academic session is over and for whatever reasons selection proceedings could not be finalized, then denovo fresh selection proceedings should be undertaken. However, in case fresh denovo selection proceedings are undertaken, petitioner applies and full fills eligibility criteria, then his candidature may be considered for the current academic year. Subject to above observation, writ petition is dismissed.