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Saleha Khatoon v. State Of U.P. And Others - WRIT - A No. 22619 of 2007  RD-AH 9060 (11 May 2007)
Court No. 39
Civil Misc. Writ Petition No. 22619 of 2007
State of U.P. and others
Hon'ble V.K. Shukla, J.
Heard learned counsel for petitioner, Sri R.K. Srivastava, Advocate, as well as learned Standing Counsel for respondents.
Selection proceedings were undertaken for selection and appointment on the post of Shikshamitra for the academic session 2004-05. Petitioner submits that in the said selection proceeding one Seema Parveen had been selected on the basis of highest quality point marks. As far as petitioner is concerned, she was placed at serial No.3. Seema Parveen after being appointed as Shikshamitra, she was selected for Special B.T.C. Course (Urdu), as such she left the post of Shikshamitra. Petitioner submits that the candidate placed at serial No.2 has been selected as Anganbari Karyakartri, as such she withdrew her claim for the post of Shikshamitra. Petitioner submits that in this background, on the vacant post of Shikshamitra, she was entitled to be offered appointment, but as Gram Shiksha Samiti was not taking any action, petitioner preferred writ petition No.5135 of 2007, whereupon this Court on 01.02.2007 asked the District Magistrate to consider and decide the matter. Pursuant to directive issued by this Court, District Magistrate passed order mentioning therein that on the basis of decision taken in the year 2004-05, wait list is not be to utilised and fresh denovo selection proceedings are to be undertaken. The view which has been taken by the District Magistrate does not appear to be suffering from any infirmity, inasmuch as once Seema Praveen having been selected, completed training, joined the post, the life and utility of the list prepared and selection made stood exhausted, and wait list of that selection process cannot be utilised in case the selected and appointed incumbent decided to tender her resignation and left the post, then the candidature of any candidate of that very list based on the said selection proceeding has not to be considered. In these circumstances and in this background, the finding recorded by the District Magistrate, warrants no interference.
However, it has been contended by petitioner that the post in question is meant for female candidate, but without undertaking any fresh selection proceedings, one Kapil Deo has been permitted to function as Shikshamitra. As far as order passed by District Magistrate is concerned, this aspect of the matter has neither been noted down nor any finding has been returned as to how Kapil Deo has been appointed. If direction has been issued for fresh denovo selection proceeding, as is apparent from the order dated 28.03.2007, the same ought to be complied with.
In terms of above observations and direction, present writ petition is disposed of.
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