- (1.) Laila Bano, petitioner has approached this Court with request to quash the order dated 12.07.2013 wherein her claim of functioning as Motivator has been turned down and in her place claim of Smt. Suman Yadav, respondent no. 6 has been accepted.
(2.) Record in question reflects that selection proceedings had been undertaken for engagement on the post of Motivator and as per the scheme of thing provided for there has to be two posts of Motivator and one of the two posts of Motivator, has necessarily to be offered to female category candidate and one post of Motivator has to be offered to the candidate who hails from the category of Pradhan as per delimitation and if post of Pradhan is not reserved then same has to be offered to the candidates who belongs to reserve category in consonance of U.P. Act No. 4 of 1994. Under the aforesaid policy right to frame of appointment policy vested to the District Lok Shiksha Samiti of District concerned.
(3.) In the present case, petitioner and Smt. Suman Yadav, both have applied for consideration of their candidature as Motivator. It has been reflected that first post of Motivator as per the delimitation of village concerned has gone to one Vandana and dispute has arisen qua the second post in question. Record in question reflects that prescribed marks of petitioner, Laila Bano and Smt. Suman Yadav are one and the same as both have received 25 marks and thereafter it is reflected that name of petitioner, Laila Bano has been recommended as she has been senior in age. Thereafter she has been offered appointment but her appointment has been objected to by Smt. Suman Yadav and she filed Civil Misc. Writ Petition No. 23765 of 2013 before this Court and her complaint before this Court was that had weightage of the certificate of Pulse Polio would have been extended to her then she would have obtained five marks and her marks would have increased and then meritwise she would have been superior vis a vis merit status of Laila Bano. This Court has asked the District Magistrate to look into the matter and examine the claim of Smt. Suman Yadav and the petitioner. Pursuant to order passed by this Court respective claim has been examined on the parameter as has been prescribed and as per the resolution passed by the Lok Shiksha Samiti and thereafter claim of the petitioner has been turned down and claim of Smt. Suman Yadav has been accepted, thus, impelling the petitioner to be before this Court.;