Smt. Raj Bala vs State of U.P. and Others

Amreshwar Pratap Sahi, J.—The contention advanced is that the petitioner is entitled to the benefit of the Government orders dated 15.6.2007, 21.1.2008 and 12.3.2008 and other relevant Government orders which secure the appointment of the female category candidates after her marriage and appointment as Shiksha Mitra. The contention of the petitioner is that under the said Government orders, the petitioner cannot be discontinued.

Having perused the relevant Government orders and the impugned order it is evident that the Government orders protect the selection and continuance of a female category Shiksha Mitra if she has been married subsequent to her appointment. This has been done in order to continue a female candidate subject to any resolution being passed by the Gram Shiksha Samiti. In the instant case the fact that the petitioner was married on 29.4.2004 has not been disputed. The date of appointment of the petitioner as Shiksha Mitra is 13.8.2004 as admitted in para 5 of the writ petition. In such a situation this is a converse case where the marriage has preceded the appointment and therefore, the claim as made by the petitioner cannot be accepted in view of the terminology mentioned in the Government orders on which reliance has been placed.

The impugned order takes care of the aforesaid Government orders and has accordingly recorded findings which cannot be said to be illegal.

The writ petition lacks merit and is dismissed.