- (1.) THE present Special Appeal has been filed by the petitioner/appellant against the Judgment and Order dated 23.08.2011 passed by the learned Single Judge dismissing the Writ Petition, namely, Civil Misc. Writ Petition No. 47692 of 2011, filed by the petitioner/appellant.
(2.) IT appears that an Advertisement was issued in the year 2005 for appointment of Shiksha Mitra. The petitioner as well as the Respondent No. 5 and other candidates submitted their applications for appointment as Shiksha Mitra. A Merit List dated 05.12.2005 was prepared by the Selection Committee (Respondent No. 4), wherein the percentage of marks of the petitioner/appellant was shown as 62.8, while the percentage of marks of the Respondent No. 5 was shown as 61.7. An Affidavit sworn on 12.12.2005, purporting to be sworn by the petitioner/appellant, was filed, wherein it was stated that the petitioner/appellant was withdrawing his application for appointment as Shiksha Mitra.
(3.) IN the circumstances, by the Order dated 04.03.2006, the Respondent No. 5 was given appointment as Shiksha Mitra. As per the averments made in the Writ Petition, the petitioner/appellant for the first time on 29.07.2010 made an application alleging that the aforesaid affidavit dated 12.12.2005 did not bear the signature of the petitioner/appellant, and as such, the selection of the Respondent No. 5 as Shiksha Mitra be set- aside, and the petitioner be selected as Shiksha Mitra. As nothing was done on the said application, the petitioner/appellant approached this Court by filing the aforesaid Writ Petition in August, 2011.;