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Dhananjay Kumar v. State Of U.P. And Others - WRIT - A No. - 56552 of 2007 [2007] RD-AH 18446 (29 November 2007)

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Civil Misc. Writ Petition No. 56552 of 2007

Dhananjay Kumar ................................................................. Petitioner


State of Uttar Pradesh & others ............................... Respondents


Hon'ble Ashok Bhushan, J.

Sri R. K. Yadav and Sri A. K. Singh appears for respondent no. 5. Learned standing counsel has put in appearance on behalf of the respondents No. 1 to 4.

Learned counsel for the petitioner submits that a writ petition was filed by the respondent no. 5 challenging the order of the District Magistrate dated 30.7.2007 by which the District Magistrate has rejected the representation filed by respondent no. 5 against the selection of the petitioners as Shiksha Mitra with the observation that the writ petitioner is working for last three years as Shiksha Mitra and at this stage the selection of the petitioner cannot be cancelled. This Court in the writ petition No. 46788 of 2007 granted following interim order :-

" Accordingly, it is provided that the operation of the order dated 30.7.2007 shall remain stayed and if the respondent no. 6 has not already been sent for training, he shall not be sent for such purpose and also be given appointment as Shiksha Mitra".

The interim order contemplated if the respondent no. 6 (present petitioner ) has not been sent for training he shall not be sent for training or given appointment, but in the present case the respondent no. 6 (present petitioner ) was already sent for training and was appointed and working for last three years as has been recorded by the District Magistrate hence the interim order had never directed stopping the working of Shiksha Mitra. The order impugned dated 27.10.2007 has been passed in purported compliance of the order of the High Court, the order of this Court dated 25.9.2007 never directed stopping of the work of Shiksha Mitra. The order dated 27.10.2007 has mis-construed of the interim order and deserves to be stayed. The order dated 27.10.2007 is stayed. The petitioner who has been working as Shiksha Mitra shall be allowed to continue to work.

Let a counter affidavit be filed within four weeks.

List thereafter along with writ petition No. 46788 of 2007.




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