Smt. Asha Singh vs State of U.P. and Others

Devendra Kumar Arora, J.—Notices on behalf of opposite parties No. 1, 2 & 4 has been accepted by the learned Chief Standing Counsel. Sri D.R. Misra, Advocate has accepted notice on behalf of opposite party No. 3.

Present writ petition is directed against the action of opposite party No. 4 rejecting the candidature of the Petitioner for training of "Snatak Arhatadhari Aprashikshit Shiksha Mitron Ke Do Varshiya Doorasth Shiksha Vidhi Se Prashikshan" on the ground that she completed graduation after her joining as Shiksha Mitra.

Submission of Learned Counsel for the Petitioner is that the Petitioner was selected on the post of Shiksha Mitra in the year 2002 and was appointed in Primary School, Revdha, Block Jarwal, district Bahraich. The Petitioner after obtaining permission from Village Education Committee appeared in B.A. Part I, II and III examinations as private student in the year 2008. The Petitioner applied for "Snatak Arhatadhari Aprashikshit Shiksha Mitron Ke Do Varshiya Doorasth Shiksha Vidhi Se Prashikshan" but her candidature was rejected by the opposite party No. 4 on the ground that the Petitioner has completed her graduation while working as Shiksha Mitra.

Learned Counsel further submitted that her case is entirely covered with the judgment & order dated 16.8.2011, passed in Writ Petition No. 5084 (SS) of 2011 (Pratibha Dwivedi v. State of U.P. and Ors.) and, therefore, Petitioner is also entitled to get the benefit of the said judgment & order.

Heard Learned Counsel for parties and perused the record.

Admittedly, controversy involved in this writ petition has already been settled by this Court vide judgment & order dated 16.8.2011, passed in Writ Petition No. 5084 (SS) of 2011 (supra).

In view of the above, opposite party No. 4 is hereby directed to consider the candidature of the Petitioner, ignoring the objection to the effect that Petitioner completed her graduation while working as Shiksha Mitra and if the Petitioner is otherwise eligible and suitable, be also sent for training of "Snatak Arhatadhari Aprashikshit Shiksha Mitron Ke Do Varshiya Doorasth Shiksha Vidhi Se Prashikshan".

With the above observations, this writ petition stands disposed of accordingly.