Allauddin Ansari vs State Of U.P. And 4 Others
2023 Latest Caselaw 8081 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- SPECIAL APPEAL No. - 121 of 2023
 

 
Appellant :- Allauddin Ansari
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Prabhat Kumar Singh,Abhishek Chauhan
 
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta,Sudhir Bharti
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Budhwar,J.

The appellant herein claims to be a selectee on the post of Shiksha Mitra in pursuant to the advertisement notification dated 28.10.2005. It is an admitted fact that though the appellant was selected, as per his own case, but has never been appointed on the post of Shiksha Mitra. The scheme of Shiksha Mitra came to an end with the enforcement of the Right to Education Act, 2009 with effect from 01.04.2010. By the Government Order dated 02.06.2010, a ban has been imposed by the State Government for fresh appointment of Shiksha Mitra with immediate effect. The result is that there could not have been any appointment on the post of Shiksha Mitra after the year 2010.

It is sought to be submitted by the learned counsel for the appellant that the appellant was selected and when no appointment was given to him, he filed a writ petition which is pending before this Court. The appellant had approached the respondent authorities but no answer was given by them nor the claim of the appellant for appointment was considered till the year 2023 when the writ petition out of which the present appeal arises, has been filed. The prayer in the said writ petition is to issue a mandamus to the respondents to appoint the appellant as a Shiksha Mitra Pursuant to the selection resolution of the year 2005. We fail to understand as to how the appellant could file a second writ petition for the same relief for which earlier writ petition filed by him, as per the contention of the learned counsel for the appellant, is pending. For this added reason, in view of the finding given by the learned Single Judge in the judgment and order dated 27.01.2023 we do not find any merit in the appeal, the appeal is, accordingly, dismissed.

Order Date :- 20.3.2023

Rajesh