- (1.) WE have heard Shri Prashant Chandra, Senior Advocate assisted Shri Ram Raj for Dr. (Smt.) Rashmi Sinha-the petitioner. Shri I.H. Farooqi, Assistant Solicitor General of India appears for Union of India and represents Ministry of Human Resources Development, Government of India, New Delhi. Shri Sanjai Bhasin, Additional Chief Standing Counsel represents State respondents.
(2.) THE petitioner has prayed for quashing the order, by which she was informed by the Secretary, Shiksha Anubhag-14, Government of Uttar pradesh, that the period of her extended term as 'Mahila Samakhya' will come to an end on January 8, 2010 after which by way of temporary arrangement Sushree Lalita pradeep, Principal, District Education and Institute of Training, Lucknow will look after the work as State Project Director, Mahila Samakhya. It is submitted on behalf of the petitioner, that the Director (MHRD) had intimated to the State Project Director-cum-Secretary on 11.12.2009, that the Government of India has no objections to the extension of her contract for a further period of one year upto 9.1.2011, keeping in view of her satisfactory performance, and that by a subsequent letter dated 23.12.2009, a Committee was constituted by the MHRD for review of Mahila Samakhya Programme. By subsequent letters dated 5.1.2010 and 13.1.2010, Ms. Anita Kaul, Joint Secretary (EE.U) MHRD had informed the State Government that the guidelines circulated with the letter dated 23.12.2009 require formation of Appraisal Committee having representatives of Government of India; State Government and National Resources Group (NRG) for Mahila Samakhya. The guidelines specify that the Appraisal Committee will submit its report to the Government of India within 15-30 days. She also recommended that the letter dated 5.1.2010 be withdrawn and until the Appraisal Committee reaches a decision and communicates the same to the Government of India, the petitioner may continue as SPD, Mahila Samakhya, Uttar Pradesh and no fresh advertisement should be issued.
(3.) THE Assistant Solicitor General of India submits that the Mahila Samakhya Project has been continued subject to the conditions, that concurrence of Government of India will be necessary for the appointment, continuance and removal of the State Project Director, and that the advice of the Government of India on all matters relating to State society are final and binding. He seeks further time for getting complete instructions in the matter.;