RAKESH TIWARI - (1.) HEARD Sri Ashok Khare, Senior counsel appearing for the petitioners and the standing counsel appearing for the respondents and perused the record. This writ petition has been filed for quashing of the order dated 17.3.2005 passed by the District Magistrate, Moradabad, which has also been sought commanding the respondents not to take any action on the basis of the aforesaid impugned order.
(2.) THE facts in brief are that Gram Siksha Samiti Vichpuri Vikas Khand Panwasa invited applications for consideration of appointment of Shiksha Mitra in Primary Schools falling under its jurisdiction. According to the merit list prepared by the Basic Shiksha Adhikari, Moradabad Rajeev Kumar son of Sri Ram Phal Singh was appointed at Primary School, Bichpuri and Khetal Singh son of Sri Dhirendra Singh was appointed at Primary School Laharsheesh as Shiksha Mitra under the Shiksha Mitra Yojna.
(3.) IT appears that respondent nos. 7 and 8 Chauhan Singh son of Basant Ram Singh and Nihal Singh son of Dhanpal Singh had also applied for appointment as Shiksha Mitra along with the petitioners but their names were not considered by the Basic Shiksha Adhikari, Moradabad and a resolution dated 16.1.2004 was sent for approval showing that only two applications had been received i.e. of the petitioners Rajeev Kumar and Khetal Singh. The Basic Shiksha Adhikari, the District Magistrate, Moradabad and other concerned authorities accorded approval for their appointments in good faith and bonafide belief that only two persons had applied for appointment as Shiksha Mitra. Consequently the petitioners were sent for 30 days training at the District Institute of Education and Training, Kanth District Moradabad. They undergone training w.e.f. 13.10.2004 to 31.10.2004. It appears that in the mean time, respondent nos. 7 and 8 had made a complaint on 1.11.2004 against the petitioners to the Basic Shiksha Adhikari whereupon an order was issued by the District Basic Shiksha Adhikari, Moradabad canceling the training of the petitioners. Aggrieved by the aforesaid order dated 1.11.2004 the petitioners filed separate writ petition nos. 50384 of 2004 and 50385 of 2004. In the mean time, District Basic Shiksha Adhikari by order dated 16.1.2004 issued a notice addressed to the Chairman and the Secretary of the Gram Shiksha Samiti intimating that an enquiry had been instituted at the level of the Deputy District Magistrate, Sambhal and called upon them to be present in the office of the Deputy District Magistrate, Moradabad for the purpose of the enquiry on the date fixed.;