Pradeep Kumar Singh Baghel, J. - (1.) THE petitioner filed the present writ petition under Article 226 of the Constitution of India aggrieved by the order of the respondent no. 2, the District Magistrate, Sidharth Nagar dated 8.5.2008, whereby the district Magistrate has approved the appointment of respondent no. 5 as Shiksha Mitra for the Academic Session 2007 -08.
(2.) THE short facts leading to the present writ petition are that the petitioner is an unemployed lady, who belongs to Other Backward category. The Basik Shiksha Adhikari, Sidharth Nagar on 3.10.2007 invited the applications for the appointment as Shiksha Mitra for the primary school Paraspur, Banjara Deeh Block and Tehsil Dumariaganj, District Sidharth Nagar. Learned counsel for the petitioner submits that the respondent no. 5 was the applicant for the Academic Session 2006 -07 and she was not selected. In pursuance of the notice dated 3.10.07, the petitioner had submitted her application along with other candidates and on the basis of her highest marks, her name was placed at serial no. 1. A copy of the proposal dated 8.10.2007 and the communication dated 1.2.2008 are filed as annexure -2 and 2 -A to the writ petition. While the matter was pending, the respondent no. 5 concealing the fact that she was an applicant for Academic Session 2006 -07, she approached this Court by means of a writ petition no. 54211 of 2007. On 12.11.2007 an order was passed by this Court to consider the representation of the respondent no. 5 ( petitioner therein). In pursuance of the order of this Court dated 12.11.2007, the District Magistrate, the respondent no. 2 has passed the impugned order.
(3.) I have heard Sri D.K.Srivastava, learned counsel for the petitioner and Sri Ramesh Chandra for the respondent no. 5.;