Jawa Devi Mandal vs State of Uttarakhand and Others

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.

By means of this writ petition, the petitioner has sought the following relief:

(a) Issue a writ or order in the nature of certiorari quashing the impugned orders dated 31-1-2009, 4-2-2009 and 6-2-2009 (contained as Annexure No. 16, 17 and 18 to the writ petition).

(b) issue a writ, order or direction in the nature of mandamus directing and commanding the respondents not to interfere in the peaceful working of the petitioner on the post of Shiksha Mitra and pay regular salary with arrears to her without any technical objection.

(c) issue a writ, order or direction, which this Hon''ble Court may deem fit and proper in the interest of justice.

(d) award the cost of the petition.

According to the petitioner, she was appointed Shiksha Acharya in Education Guarantee Scheme (for short EGS) Centre Nalapur, Nai Basti on 28-2-2004. Subsequently, the EGS center was upgraded on 1-9-2008 and now it is Government Primary School.

The grievance of the petitioner is that her appointment as Shiksha Mitra was cancelled without giving opportunity of hearing to the petitioner.

Learned Counsel for the petitioner has contended that recommendation was made by the Village Education Committee and she was selected vide resolution dated 26.4.2008. The petitioner has also filed affidavit before the Committee to the effect that she will complete graduation by the next year. Photocopy of affidavit has been annexed as Annexure-9 to the petition.

Counter affidavit has been filed on behalf of the respondents. It is stated in paragraph No. 7 thereof that the petitioner was not having the requisite qualification on the date of her appointment as Shiksha Mitra in view of the Government Order dated 14-2-2008. The said G.O. has been annexed as Annexure -6 to the counter affidavit whereby the earlier Government Order were superseded and the qualification as on 14-2-2008 was that the candidate who was working as Acharya or instructor should possess the requisite qualification for being appoint Shiksha Mitra. The requisite qualification for Shiksha Mitra is graduate and the candidate must be graduate. In the earlier Government Order dated 15-5-2006, it was provided that the Shiksha Acharya and Instructors, who do not possess graduation degree shall have to obtain the same within a period of two years. Subsequently by Government Order dated 28-6-2006, the period for obtaining the graduation decree was extended upto three years instead of two years.

Admittedly, the petitioner was not having graduation degree on the date on which she was appointed Shiksha Mitra as well as on the date when she was recommended to be appointed as Shiksha Mitra.

In the above facts and circumstances, I find that the petitioner was not having the eligibility qualification i.e. graduation degree on the date of her appointment as Shiksha Mitra as per Government Order dated 14-2-2008. The writ petition being devoid of merit is liable to be dismissed.

The writ petition is dismissed. The interim order dated 29-4-2009 passed by this Court is vacated. It is made clear that for the period the petitioner had worked as Shiksha Mitra in pursuance of the interim order dated 29-4-2009 passed by this Court, the petitioner shall be entitled to get the honorarium. The respondents are directed to pay the honorarium for the period the petitioner had worked as Shiksha Mitra.