- (1.) This petition seeks to assail the validity of an order dated 2 December 2008 passed by the third respondent, the Principal, District Institute of Education & Training, Rai Barely by canceling the candidature of the petitioner who had been selected for Special B.T.C. Training Course. The order itself was preceded by the issuance of a show cause notice on 5 November 2008, wherein it was recorded that the certificate of working on the basis of which selection was accorded to the petitioner was found to be of doubtful character and that the petitioner had not worked post 31 May 2007. Upon receipt of a reply to the aforesaid show cause notice, the impugned order came to be passed reiterating that from a perusal of the records placed before the authorities, the petitioner did not appear to have worked post 30 May 2007 and consequently, she could not be said to be in continuous service in the Session 2007-08, so as to be eligible to participate in the training programme.
(2.) The undisputed facts which stand evidenced from the pleadings taken in the writ petition appear to be that the petitioner worked as a Shiksha Mitra starting from the Session 2003-04 and continued as such up to Session 2006-07. It is said that in the beginning of the Academic Session 2007-08 she was not permitted to discharge her duties as a consequence of which she was constrained to institute a writ petition before this Court1. The said writ petition came to be disposed of by this Court on 12 October 2007 calling upon the District Magistrate to look into the grievance of the petitioner and pass appropriate orders. Pursuant to the direction of this Court the District Magistrate by an order dated 30 January 2008 found that the services of the petitioner had been recommended for termination by a resolution of the Village Education Committee. He, however, found that the order of termination had not been passed by the competent authority which was the Committee headed by the Chief Development Officer. He, accordingly, proceeded to hold that the resolution of the Village Education Committee could not be given effect to. However, noticing the record of service of the petitioner, he proceeded to pass directions that the engagement of the petitioner as Shiksha Mitra be discontinued and she be paid honorarium up to the date of the disposal of the representation.
(3.) In the meanwhile and prior to the passing of the order aforementioned, on 10 July 2007 a Government order came to be issued provisioning for persons undertaking training in a Special B.T.C. Course. Seats in this training course also stood reserved for Shiksha Mitras who had worked for at least 3 academic sessions. The relevant clause of the Government order reads thus:;