V.K. Shukla, J. - (1.) PETITIONER has approached this Court questioning the validity of the order dated 03.08.2010 wherein District Basic Education Officer in pursuance of the order passed by this Court has stayed the order dated 04.05.2010.
(2.) BRIEF background of the case is that selection proceedings taken place in academic session 2001 -02 wherein applications were invited from eligible candidates having requisite qualification for being appointed on the post of Shiksha Mitra. Priyanka Singh, respondent No. 6 was selected. Only grievance raised by the petitioner is that she is daughter in law of Pradhan, as such she could not have been officered appointment. Complaint was made and thereafter selection of Priyanka Singh was cancelled on 07.05.2005. Priyanka Singh, respondent No. 5 preferred Civil Misc. Writ Petition No. 44042 of 2005 and said writ petition was ultimately allowed on 23.08.2005 in following manner. Heard learned Counsel for the petitioner and Sri Manoj Kumar Mishra for the respondent No. 5. The challenge is to the order dated 07.05.2005 (Annexure -11 to the writ petition) whereby directions have been issued for holding fresh selection in view of the complaint made by Smt. Sunita Chauhan respondent No. 4 herein. The contention raised on behalf of the petitioner is that she was selected in accordance with Government order and that there is absolutely no discrepancy in the selection of the petitioner and a frivolous complaint was lodged by respondent No. 5 which has resulted in passing of the impugned order. It is further stated that the impugned order has been passed without giving any notice or opportunity to the petitioner. A counter affidavit has been filed on behalf of Respondent No. 5 and it has been stated that petitioner's engagement as Shiksha Mitra is in violation of the government order, inasmuch as as she happens to be the daughter -in -law of the Gram Pradhan. A perusal of the Government Order would indicate that a daughter -in -law is not within the prohibited category and, as such, the aforesaid contention raised on behalf of the respondents is untenable in the eyes of law. Accordingly, the proceedings sought to be quashed, are unsustainable and therefore, the order dated 07.05.2005 issued on 16.05.2005 appended as Annexure -11 to the writ petition is hereby quashed. The writ petition stands allowed with no orders as to cost.
(3.) AFTER the said judgment has been delivered Priyanka Singh has been permitted to discharge her duty. On 04.05.2010 District Basic Education Officer on same set of grounds which has been taken in the past proceeded to cancel the selection of Smt. Priyanka Singh and thereafter District Basic Education Officer on being apprised of the judgment passed proceeded to pass order dated 03.08.2010. At this juncture present writ petition has been filed.;