- (1.) These two appeals arise out of the judgments dated 29.04.2010 and 25.05.2010, delivered in two separate writ petitions, namely Civil Misc. Writ Petition No. 22872 of 2010 and Civil Misc. Writ Petition No. 30655 of 2010, filed by the appellants Shree Krishna and Avnish Kumar respectively. Both the writ petitions were directed against a common order passed by the District Magistrate dated 4th of March, 2010 whereby the claim of both the appellants for selection and appointment as Shiksha Mitra has been rejected and the District Magistrate has proceeded to direct the authorities to re-advertise the posts and fill it afresh for the session 2010-11.
(2.) The dispute relates to the selections of the year 2007-08. The last date for filling up of the application forms for the said session was 30th July, 2007 and after receipt of the application forms, the appellants Shree Krishna contends that a resolution was passed wherein he was placed at serial No. 1. It is contended that after the selections were finalised and sent before the authorities for approval, Avnish Kumar moved a complaint that Shree Krishna had been wrongly selected and he should not be offered appointment. Civil Misc. Writ Petition No. 63986 of 2008 was filed by Avnish Kumar in which a direction was issued on 11th December, 2008 to the District Magistrate to decide the said dispute.
(3.) The District Magistrate on 7th of March, 2009 decided the claim and held that Avnish Kumar had applied for the post of Shiksha Mitra, which was complete in all respects and he being higher in merit for being appointed was entitled to occupy the post. Consequently, Avnish Kumar was issued a letter of appointment on 18th April, 2009 as Shiksha Mitra at Primary School Asalpur Ismailpur Etah.;