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Mahendra Kumar Pandey v. State Of U.P. Thru' Secretary Basic Education And Others - WRIT - A No. 24702 of 2007 [2007] RD-AH 10043 (24 May 2007)


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                                                                                         Court No. 39

Civil Misc. Writ Petition No. 24702 of 2007

                                   Mahendra Kumar Pandey


State of U.P. and others

Hon'ble V.K. Shukla,J.

Petitioner claims that he had applied for consideration of his claim for Shiksha Mitra. Earlier petitioner had filed Civil Misc. Writ Petition No. 27270 of 2006 and this court on 22.5.2006 asked the District Magistrate to consider the matter. District Magistrate, thereafter, considered the matter and passed order on 3.2.2007 directing Gram Shiksha Samiti to take decision. Petitioner submits that thereafter  pursuant to direction  of the District Magistrate, Gram Shiskaha Samiti has passed resolution and said resolution dated 1.3.2007 is based on incorrect computation as petitioner has long length of service as Anudeshak, as such he ought to have been extended preference.

At the point of time  when the matter has been taken up this fact has been admitted that selection proceeding in the present case had been undertaken pursuant to advertisement dated 24.2.2006.  Thus   this  is   writ apparent that selection is to take place in consonance with the policy as formulated in  Government Order dated 10.10.2005. Under the Government Order dated 10.10.2005 Anudeshak were to be extended preference in the matter of selection and appointment  and in case there were two Anudeshaks, then it was not at all provided that Anudeshak, which more length of service would be extended preference. In this background once there are two Anudeshaks, then in that event on the basis of respective merit status, decision has to be taken.  Admittedly merit status of the contesting respondents Raj Bahadur is better, then in this background, resolution, which has been passed qua the same, no shorting coming can be pointed out.

Claim which has been set up by petitioner is based on  Government Order dated 24.4.2006. Division Bench of this court in the case of Rita Yadav Versus State of U.P. and others  decided on 15.3.2007 in Special Appeal No. 292 of 2007 has taken view that Government Order dated  24.4.2006 shall apply prospectively.  In this background arguments, which have been advanced on behalf of the petitioner, lacks substance and same is of no consequence.

Consequently, writ petition is dismissed.




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