- (1.) We have considered the application for condonation of delay and as learned counsel for respondents does not have any objection to the delay being condoned, the application is hereby allowed and the delay is condoned. We have heard learned counsel for parties and perused the pleadings of special appeal.
(2.) This special appeal arises out of an order dated November 30, 2012, passed by learned single Judge in Writ Petition No. 659 (S/S) of 2010, Km. Bhavini Mishra v. State of U.P. and others, whereby the writ petition was dismissed on the ground that the selection was carried out by the District Selection Committee on the recommendation of the Village Education Committee, which was not competent to advertise and process the selection of 'Shiksha Mitra'.
(3.) Brief facts giving rise to filing of special appeal are that an advertisement for appointment on the post of Shiksha Mitra was published in the newspaper by the office of the opposite party No. 2. Vide the said advertisement three posts of Shiksha Mitra were made available in Block Mankapur. The petitioner thus applied for the said post on 15.11.2008. Thereafter, a meeting of Village Education Committee was called for making the appointment against these vacancies. In total 11 candidates applied for the posts and in the meeting the merit list was prepared in which the name of petitioner appeared at Sl. No. 2. Finally, considering the merit of candidates, selection was made against three vacancies by appointing those candidates who were at top in the merit list by the resolution of the Village Education Committee dated 30.12.2008.;