Bala Dutt Sharma vs State of Uttarakhand and Others

Barin Ghosh, C.J.

CLMA No. 8614/10 (Delay Condonation Application)

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CLMA No. 7431/10 (Delay Condonation Application)

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CLMA No. 8429/10 (Delay Condonation Application)

Learned Counsel for the Respondents did not oppose the applications for condonation of delay in preferring the Special Appeals. We have considered the averments made in the applications for condo nation of delay and being satisfied with the reasons furnished in the applications, allow the same.

A decision of the State Government has been brought to our notice. This decision of the Government is dated 19th November, 2010. Thereby it has been decided by the Government that a Shiksha Acharya, who is a graduate, would be made Shiksha Mitra. The Govt. has already taken a policy decision, as far back as on 1st March, 2009, that untrained Shiksha Mitras will be appropriately trained. In view of these two decisions of the Government, it appears that the total scenario in relation to the subject matter of the writ petitions, which have been dismissed by the judgments and orders under appeals in these appeals, stand altered.

Keeping in view the said decision of the Government dated 19th November, 2010 as well as the decision of the Government dated 1st March, 2009, we dispose of these appeals holding that the Appellants in these appeals, if they were graduates as on 19th November, 2010, shall be treated as Shiksha Mitras and thereupon shall be sent for training in terms of the Government decision dated 1st March, 2009 and thereupon shall be utilized for the purpose of imparting education in Schools, recognized by the Board constituted by and under the Uttarakhand School Education Act, 2006.

The appeals are, thus, disposed of.