Thursday, April 30, 2015

UPTET SARKARI NAUKRI News - COURT CLARIFIED FRESH APPOINTMENT OF SHIKSHA MITRA is Banned

UPTET SARKARI NAUKRI   News - COURT CLARIFIED FRESH APPOINTMENT OF SHIKSHA MITRA is Banned

The Full Bench decision of this court 2013(7) ADJ 1 (FB) Km. Sandhya Singh and others Vs. State of U.P. and others observes that the State Government has imposed a ban on fresh appointments of Shiksha Mitra on 02.06.2010 and the scheme of Shiksha Mitra itself has been dropped. Therefore, there is no legal possibility for appointment of petitioner as Shiksha Mitra at this juncture when admittedly, till date not even the selection process has been completed. 
In view of above, there is no purpose either in issuing any direction for deciding representation of the petitioner or for directing appointing of the petitioner as Shiksha Mitra. 
The writ petition is misconceived and is dismissed. 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 1 

Case :- WRIT - A No. - 23856 of 2015 

Petitioner :- Bishambar Singh 
Respondent :- State Of U.P. And 2 Ors. 
Counsel for Petitioner :- Uttar Kumar Goswami 
Counsel for Respondent :- C.S.C.,Prem Prakash Yadav 

Hon'ble Pankaj Mithal,J. 
Heard Sri Uttar Kumar Goswami, learned counsel for the petitioner. 
Petitioner has invoked the writ jurisdiction under Article 226 of the Constitution of India and has made the following prayers:- 
"(i) a writ order or direction in the nature of mandamus commanding and directing the respondent No.3, District Basic Education Officer, Bijnor to forthwith appoint the petitioner on the post of Shiksha Mitra of Primary School Hadipur, Block Kiratpur, Tehsil Nazibabad, District Bijnor, in accordance with law; 
(ii) a writ order or direction in the nature of mandamus commanding and directing the respondents No.3, District Basic Education Officer, Bijnor to decide the representation of the petitioner dated 05.12.2014 (Annexure No.11 to the writ petition) within stipulated period as fixed by this Hon'ble court; 
(iii) any other suitable writ order or direction, which this Hon'ble court may deem fit and proper under the facts and circumstances of the case. 
(iv) Award costs of the writ petition to the petitioner throughout." 
A plain reading of the reliefs claimed above reveals that the petitioner wants appointment as a Shiksha Mitra of Primary School Hadipur, Block Kiratpur, Tehsil Nazibabad, District Bijnor or in the alternative to get his representation dated 05.12.2014 annexure 11 to the writ petition decided by the District Basic Education Officer, Bijnor respondent No.3. 
The representation is to the effect that the District Magistrate, Bijnor as far back as on 01.10.2007 has directed the authorities concerned to take steps within 10 days for the completion of the selection process on the post of Shiksha Mitra at the above Institution. 
The Full Bench decision of this court 2013(7) ADJ 1 (FB) Km. Sandhya Singh and others Vs. State of U.P. and others observes that the State Government has imposed a ban on fresh appointments of Shiksha Mitra on 02.06.2010 and the scheme of Shiksha Mitra itself has been dropped. Therefore, there is no legal possibility for appointment of petitioner as Shiksha Mitra at this juncture when admittedly, till date not even the selection process has been completed. 
In view of above, there is no purpose either in issuing any direction for deciding representation of the petitioner or for directing appointing of the petitioner as Shiksha Mitra. 
The writ petition is misconceived and is dismissed. 
Order Date :- 28.4.2015 
Piyush 




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