GIRISHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) EARLIER, Smt. Girisha Devi had filed writ petition No. 37342 of 2008 before this Court, and this Court on 31. 07. 2008 had asked the District Magistrate concerned to look into the matter and take appropriate decision on the same in accordance with law. The District Magistrate, thereafter called for the record. On the basis of the record available before him, and after providing opportunity of hearing to the parties concerned, the District Magistrate proceeded to reject the representation of the petitioner. At this juncture, present writ petition has been filed. Sri P. N. Singh, learned counsel for the petitioner, contended with vehemence that in all eventuality, the claim of his client was liable to be accepted, inasmuch as in the present case both the posts of Shikshamitra have gone to general category candidates, whereas the second post ought to have been offered to Scheduled Caste candidate.

(2.) COUNTERING the said submission, learned Standing counsel, on the other hand, contended that in the present case selection and appointment on the post of Shikshamitra has been made strictly in accordance with the existing policy, as such no interference be made and writ petition is liable to be dismissed.

(3.) AFTER respective arguments have been advanced, the factual position which emerges in the present case is that two posts of Shikshamitra had been identified in the village concerned. The first post, as per delimitation of the Pradhan, had to be filled in from the category from which Pradhan hails. Since, as per delimitation, Pradhan hails from male category, therefore, the first post has been offered to male category candidate. Petitioner's contention is that the second post ought to have been reserved and offered to a female candidate belonging to Scheduled Caste category, but by not doing so both the posts have been filled up from the general category candidates. There appears to be some misconception in the mind of the petitioner, inasmuch as appointment on the post of Shikshamitra has to be made as per Government Order dated 01. 07. 2000, wherein it has been clearly and categorically provided that at the point of time when vacancy has to be identified, policy of reservation has to be followed as per delimitation of the Pradhan of the Gram Panchayat. It has also been explained that in case the village in question is reserved for General, OBC or Scheduled Caste category, the first post of Shikshamitra has to be filled up from the said category from which Pradhan hails, and the second post as per scheme that 50% posts have to be filled up from female category candidates has to be filled by female category candidate based on merit. In the case in hand, since the Pradhan hailed from general category, hence the first post has been offered to general category candidate, who is male. So far as second post is concerned, the same under 50% quota has to be offered to female candidate on the basis of merit. The appointment on the post of Shikshamitra is made as per scheme, which is not an employment oriented scheme; rather such an scheme has been floated for unemployed youth who may come forward for community service. In the present case reservation policy has not at all been breached, as the provisions of U. P. Act No. 4 of 1994 are not at all applicable in such appointments, as such second post being unreserved has been offered to female candidate on the basis of merit. In view of the above findings the claim of the petitioner cannot be considered.