- (1.) HEARD leaned counsel for the petitioner, learned counsel for respondent no.5, learned Standing Counsel for the State and perused the record.
(2.) THE present writ petition has been filed with prayer to issue a writ of certiorari quashing the impugned order dated 07.10.2008 passed by the respondent no.3, District Magistrate, Ghazipur, Annexue -4 to the writ petition. Further, to issue a writ of mandamus commanding the respondents not to interfere in the working of the petitioner as Shiksha Mitra at Primary Pathshala Renga, District Ghazipur by which it was held that respondent no.5, who had more experienced than petitioner as instructor/supervisor, would be given preference for appointment on the post of Shiksha Mitra. By interim order dated 26.11.2005, the effect and operation of impugned order dated 07.10.2008 was kept in abeyance. According to learned counsel for the petitioner, petitioner is still working as Shiksha Mitra.
(3.) THE brief facts of the case are that there was an advertisement for selection of Shiksha Mitra in District Ghazipur in various primary school to be selected for the post of Shiksha Mitra. After that the candidates applied for appointment. The petitioner was found eligible on the basis of her quality point mark. She was first in the merit list and obtained 67.4% quality point mark and respondent no.5, Smt.Pushpanjali Pandey, who obtained 51.6% was at Sl.No.4. The petitioner was selected by selection committee on 28.11.2005. The Government Order dated 10.10.2005, was applicable in selection for the post of Shiksha Mitra, which was introduced by the amendment of earlier Government Order dated 01.07.2000. The petitioner and the respondent both have experience of working as instructor/supervisor under Nonformal education scheme. However, since the petitioner has obtained higher quality point marks and she was placed at Sl.No.1, her name was recommended and she was appointed on the post of Shiksha Mitra. She joined her duty in Primary School, Pathshala Renga, District Ghazipur on 05.05.2006 as Shiksha Mitra in L.T. Grade and she is working. The petitioner under went training from 07.07.2006 to 05.08.2006 and thereafter from 20.03.2008 to 04.04.2008 and completed her training. Respondent no.5 was aggrieved with the selection of the petitioner and appointment on the post of Shiksha Mitra filed a representation before the District Magistrate, Ghazipur. Thereafter, writ petition no.48481 of 2007 was filed, which was disposed of finally vide order dated 03.10.2007 with the direction to District Magistrate to decide the representation of respondent no.5. After direction of the High Court, the representation was decided, The impugned order was passed by the District Magistrate on 07.10.2008 considering the subsequent Government Order dated 24.04.2006. According to subsequent Government Order dated 24.04.2006, priority has to be given to those candidates whose work experience of instructor is longer. Hence priority was given to respondent no.5, as her working experience as instructor/supervisor of the Non Formal education programme was longer than the petitioner, hence this petition has been filed.;