Devendra Pratap Singh, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS Petition is directed against an order dated 8.3.2002 by which the appointment of the Petitioner as Assistant Teacher in a primary school run by the Basic Shiksha Parishad has been cancelled. It appears that the Petitioner who held a Certificate of Physical Education (CP.Ed.) from the Registrar Departmental Examination, U.P. Allahabad dated 8.7.1994, applied for appointment as Assistant Teacher in the institution run by the U.P. Basic Shiksha Parishad in District Fatehpur in pursuance of the advertisement dated 21.3.1997 and 5.8.1997. However, the candidature was not being considered in view of the Government Order dated 11.8.1997 whereby the aforesaid qualification of the Petitioner was not recognized for the purposes of appointment as Assistant Teacher and thus, he along with two others preferred writ Petition No. 32070 of 1997 and a learned Single Judge of this Court relying upon a Division Bench judgment rendered in the case of Secretary Board of Basic Education, U.P. Allahabad and Ors. v. Rajendra Singh and Ors., 2000 U.P.L.B.E.C. 2101, disposed off the writ Petition directing that the claim of the Petitioner for appointment in terms of the Government Order dated 23.3.1995 and 28.2.1996 should be considered.
(3.) IN pursuance thereof, the Petitioner was granted appointment letter dated 2.11.2001 appointing him as Assistant Teacher in Primary School, Paharpur, Vijai Nagar in District Fatehpur. However, by the impugned order, his appointment was cancelled on the ground that the Petitioner had suppressed the fact of pendency of a Special Leave to Appeal before Hon'ble Supreme Court against the judgment of the Division Bench in Rajendra Singh's case (Supra). When this Petition was filed, an interim order was granted on 3.4.2002 staying the operation of the impugned order and asking the District Basic Education Officer to pass a fresh order after hearing the Petitioner as the earlier order was passed without hearing him. It appears that in pursuance thereof, the Basic Shiksha Adhikari passed an order dated 15th of May 2002 but it was never served on the Petitioner and the Court extended the stay order till further orders vide order dated 31.3.2003.;