- (1.) THE present Special Appeal has been filed against the judgment and order dated 5.5.2003 passed by the learned Single Judge in Civil Misc. Writ Petition No. 11576 of 2003.
(2.) IT appears that the aforementioned Civil Misc. Writ Petition was filed by The petitioner-appellant for quashing the order dated 5.3.2003 whereby the select list in regard to the post of Shiksha Mitra was cancelled by the Visheshagya Basic Shiksha Adhikari, Maharajganj, district Maharajganj with a further,Prayer for directing the respondents not to interfere in the functioning of the petitioner-appellant as Shiksha Mitra and to pay honorarium to the petitioner-appellant month by month till the end of session. By the order dated 13th March, 2003 notice was directed to be issued on the Writ Petition and the operation of the said order dated 5.3.2003 was stayed till 30th May, 2003. On 5th May, 2003 the Writ Petition was heard by the learned Single Judge and was dismissed as he was of the view that the post of Shiksha Mitra is not a civil post and therefore, the Writ Petition is not maintainable under Article 226 of the Constitution of India. However, he directed that if any amount with regard to honorarium was due the same would be paid by the respondent No. 1 in the Writ Petition within a period of three months from the date a certified copy of this order is produced before the respondents in the Writ Petition.
(3.) THE petitioner-appellant has thereafter filed the present special appeal challenging the said order dated 5th May, 2003 passed by the learned Single Judge. We have heard, Sri Satyendra Pandey, learned counsel for the petitioner- appellant and the learned Standing Counsel appearing for the respondents and perused the record.;