High Court of Judicature at Allahabad
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Dipika Rai v. State Of U.P. And Others - WRIT - A No. 37278 of 2007  RD-AH 14228 (20 August 2007)
Hon'ble Ashok Bhushan, J.
Supplementary affidavit filed today is taken on record.
Heard counsel for the petitioner.
By this writ petition the petitioner has prayed for quashing the order dated 30.7.2007 by which order the Assistant Basic Shiksha Adhikari has directed the Gram Shiksha Samiti to again publish and make selection after receiving applications. Learned counsel for the petitioner submits that the Assistant Basic Shiksha Adhikari has no authority to direct for inclusion of the form of Arun Kumar. Sri P. D. Tripathi has submitted that according to Government order dated 20.12.2000 constitution of Block level Committee has been provided for observing all procedure for the selection of Shiksha Mitra. By the impugned order it has been found that the application of the complainant has not been taken into consideration. The Block level Committee took the view that the earlier resolution has to be cancelled. No infirmity is found in the impugned order. Substantial justice has been done by the impugned order. Learned counsel for the petitioner has submitted that the petitioner has already represented to the District Magistrate and be directed to decide the representation, no direction can be issued to decide the representation since fresh applications have been called and the matter has not yet gone to the District Level Committee.
The writ petition is dismissed.
Hon'ble Ashok Bhushan, J.
Supplementary affidavit filed today is taken on record. Sri Anuj Kumar appears for respondent no. 5. Sri S. K. Anwar has put in appearance on behalf of respondent no. 2.
Learned counsel for the petitioner contended that the selection for Shiksha Mitra took place on 10.7.2006 on which day recommendation was made in favour of the petitioner. The selection was virtually for the academic year 2006-2007 since earlier academic year had already gone and taking the eligibility on 1.7.2005 is too technical and on that ground the selection of the petitioner has been set aside by the order dated 9.3.2007. Learned counsel for the petitioner submitted that no approval has yet been made in pursuance of the order dated 9.3.2007.
Let a counter affidavit be filed within four weeks. In case no person has yet been approved in pursuance of the order dated 9.3.2007 no approval be made.
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