PRADEEP KANT, S.N.H.ZAIDI, JJ. - (1.) HEARD the counsel for the appellant Sri Krishna Kumar Dwivedi and Sri Rajiv Ratan Chaudhary holding brief of Sri Jyotinjai Verma for Basic Shiksha Parishad.
(2.) THE appellant who was appointed as Shiksha Mitra for the academic session 2005-06, was given renewal for the subsequent sessions upto 2009- 10, which was to come to an end on 31.5.2010. The appellant went on leave for pursuing B.Ed. course during the academic session 2008-09. The appellant allegedly took leave from the Secretary of the Gram Shiksha Samiti and remained absent from 15.9.09 to 15.2.2010. It appears that in the meantime a complaint was made against the said conduct of the appellant, for which an enquiry was got conducted and opportunity was afforded to the appellant for showing cause as to how she had gone on leave for higher studies, when it was prohibited under the Government order dated 16.6.07. It being a fact that the appellant, who was working as Shiksha Mitra, went on leave for enhancing her educational qualification in violation of the Government order aforesaid, the Basic Shiksha Adhikari passed an order terminating the appointment of the appellant with immediate effect vide order dated 16.1.2010.
(3.) LEARNED counsel for the appellant, assailing the aforesaid order, submitted that the Basic Shiksha Adhikari was not having jurisdiction to pass the order of termination but it has rightly been pointed out by the learned counsel for Basic Shiksha Adhikari that no such plea was ever raised in the writ petition. That being the situation, the said plea cannot be allowed to be raised in the special appeal.;