- (1.) This special appeal has been filed against the order of the learned single Judge dated 15.2.2010 dismissing the writ petition of the petitioner.
(2.) It is contended on behalf of the appellant that the order passed by the learned single Judge is erroneous and against the provisions of the Government orders. It is contended that the appellant is already appointed and working and her term has been renewed for the Session 2009-2010 by the respondent No. 4 and learned single Judge ignoring this fact has dismissed the writ petition while upholding the impugned order of the District Magistrate that she was duly selected candidate and there was no occasion for any fresh appointment. It is further contended that de novo selection process if initiated, will take couple of years to attain finality and in between the post shall remain vacant. It is also contended that the form of the appellant was duly received by the competent and authorised person and the District Magistrate erroneously accepted that the form of respondent No. 6 was accepted by the authorised person.
(3.) Briefly stated the facts giving rise to the present case is that post of Shiksha Mitra( Mahila) arose at newly constructed institution for the year 2008-2009. The Assistant Basic Shiksha Adhikari, Nebua Naurangia directed the Secretary and Head Masters of the concerned institution to complete the selection process and to submit the selection file within the prescribed time. The petitioner admittedly submitted her application to the competent and authorised person. Only application of the appellant and one application of a male member was received by the duly authorised person. The other application of Smt. Suman Jaiswal was received by Nisarullah Ansari, the person who was looking after the work of management but was not duly competent Principle. Accordingly, since only two applications were received by the competent person, the one application being of a male candidate was not accepted as the seat was meant for Mahila Shiksha Mitra. The petitioner being female candidate was considered, appointed and accordingly she worked in the said capacity. It is further contended that she was appointed on the said post for the academic session 2009-2010.;