- (1.) N. K. Mehrotra, J. Heard Ms. Madhulika Yadav appearing for the petitioner and Shri M. M. Asthana Standing Counsel for the respondent No. 3.
(2.) THIS is a petition for quashing the appointment order of Smt. Neerja Mishra on the post of Shiksha Mitra during the academic session 2004-2005. The petition has been filed without impleading Smt. Neerja Mishra. The petitioner has filed one more Writ Petition No. 1487 (S/s) of 2005, Shiv Kant Mishra v. State of U. P. & Ors. The writ petition was disposed of finally with a direction to consider and dispose of the representation of the petitioner. The representation has been disposed of vide order dated 7-5- 2005 passed by the District Basic Education Officer by saying that academic session 2004-2005 has expired and there will be new selection in the academic session 2005-2006 in which the petitioner may apply. It is admitted position that the selection of Shiksha Mitra is made only for one year. It is also not denied that Shiksha Mitra Programme is not an employment programme and it is meant for imparting proper education to village students and the Shiksha Mitra cannot treat himself to be the Government employee. Learned Counsel for the Basic Education Officer has raised a preliminary objection on the ground that the Shiksha Mitra is appointed on the basis of the contract on payment of fixed honorarium of Rs. 400 per month at the time of training and Rs. 2,250 per month during the period of contract of Shiksha Mitra for teaching to village students in primary schools.
(3.) LEARNED Counsel for the Basic Shiksha Adhikari has referred a decision of this Court at Allahabad in Civil Misc. Writ Petition No. 6989 (S/s) of 2004, Sita Ram v. State of U. P. & Ors. , in which this Court has relied on a decision of earlier Division Bench in Smt. Saroj Singh v. State of U. P. & Ors. , 2000 (2) ESC 1263, and a judgment in Special Appeal No. 509 of 1997, Smt. Sunaina Singh v. District Magistrate Mau & Ors. , in which the Division Bench has held that since the post of Shiksha Mitra is not a civil post and it is on the basis of the honorarium on contract for a particular period as such the writ petition challenging the selection process is not maintainable. In Special Appeal No. 547 of 2004, Smt. Mala Devi v. State of U. P. & Ors. , a Division Bench of this Court dismissed the special appeal against the judgment of Single Judge by holding the post of Shiksha Mitra is not a civil post at all. The Division Bench of this Court in the said special appeal also held that the appointment of Shiksha Mitra is being made under the Scheme of the Government in which honorarium is paid and hence no writ lies. The Division Bench has agreed with the judgment of the Single Judge in Writ Petition No. 15908 of 2003, Pradeep Kumar v. Adhyaksh, Gram Shiksha Samiti & Ors. , in which it was held that post of Shiksha Mitra is not a civil post and writ does not lie.;