HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 57506 of 2011 Petitioner :- Smt. Meera Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- Moti Lal Chauhan Respondent Counsel :- C.S.C.,Mahesh Narain Singh,P.K.Bhardwaj Hon'ble Dilip Gupta,J.
The petitioner was appointed as a Shiksha Mitra by the order dated 7th March, 2007 issued by the District Magistrate, Jaunpur but the appointment was assailed by respondent no.6-Lakshmi Pathak in Writ Petition No.18139 of 2007 in which initially an interim order was passed but ultimately the writ petition was dismissed on 6th April, 2011. The Specialist Basic Education Officer, Jaunpur has, however, not permitted the petitioner to join as Shiksha Mitra since the Government Order dated 2nd June, 2010 has been issued which prohibits making appointments of Shiksha Mitras as The Right of Children to Free and Compulsory Education Act, 2009 has been enacted.
It is submitted by learned counsel for the petitioner that since the appointment of the petitioner was prior to the issuance of the Government Order dated 2nd June, 2010, the ban imposed under the said Government Order shall not apply to the petitioner and in support of his contention he has placed reliance upon the decision of a Division Bench of this Court in Km. Sonika Verma Vs. State of U.P. & Ors., 2011 (1) UPLBEC 386.
Prima facie, the contention advanced by learned counsel for the petitioner appears to have force. The matter, therefore, requires consideration.
Learned Standing Counsel appears for respondent Nos. 1 and 4. Sri P.K. Bhardwaj appears for respondent Nos.2 and 3. Sri Mahesh Narain Singh appears for respondent No.5. Issue notice to respondent No.6 by registered post. Steps may be taken within a week.
The respondents may file the counter affidavit within a period of six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this petition for admission/hearing in the week commencing 28th November, 2011.
In view of the submissions advanced by learned counsel for the petitioner, it is ordered that the petitioner shall be permitted to work as Shiksha Mitra pursuant to the order dated 7th March, 2007 passed by the District Magistrate, Jaunpur.
Order Date :- 12.10.2011 SK