- (1.) The appeal has arisen from a judgment dated 27 March 2015 of a learned Single Judge dismissing the writ petition filed by the appellant. In the writ petition, the following reliefs, inter alia, were claimed:- "(i) issue a writ, order or direction in the nature of Mandamus directing the respondents to permit the petitioner to complete her training of Shiksha Mitra. (ii) issue a writ, order or direction in the nature of Mandamus directing the respondents to appoint the petitioner on the aforesaid post of Shiksha Mitra."
(2.) The case of the appellant in the writ petition was that an advertisement dated 21 November 2007 was issued inviting applications for engagement of qualified persons as Shiksha Mitra for the session 2007-08 at Primary School Arbapur, Gram Panchayat Pratappur, District Basti. In pursuance thereof, the appellant also made an application alongwith other candidates including Brijendra Pratap Singh, the sixth respondent. The Village Education Committee recommended the name of the sixth respondent for being appointed as Shiksha Mitra. The appellant objected to the recommendation made for selection of the sixth respondent, as he was not a resident of the village, in which the institution is situated. On such complaint being made, notice was issued to the sixth respondent and whereafter, the Sub Divisional Magistrate, Sadar, Basti, by an order dated 7 July 2008 cancelled the domicile certificate no.644 dated 4 December 2007 issued in favour of the sixth respondent. It was followed by a meeting of Village Education Committee dated 15 July 2008, in which the name of the appellant was recommended for selection on the post of Shiksha Mitra. The sixth respondent filed a representation for sending him for training of Shiksha Mitra on the basis of the recommendation made by the Village Education Committee in his favour on 10 December 2007. However, the District Development Officer, Basti, after hearing the sixth respondent, rejected his representation by an order dated 8 December 2008. The selection of the appellant was approved by the District Level Committee followed by a communication dated 11 December 2008 by the District Basic Education Officer, Basti requesting the Principal, District Institute of Education and Training, Basti to permit those selected as Shiksha Mitra including the appellant to undergo training. The appellant, it is claimed, started doing her training from 15 January 2009, when in the meantime, the sixth respondent filed a writ petition (W.P. No.3332 of 2009) before this Court challenging the order dated 7 July 2008 passed by Sub Divisional Magistrate, Sadar, Basti cancelling the domicile certificate and the order of the Chief Development Officer, Basti dated 8 December 2008 rejecting his application for being appointed as Shiksha Mitra. In the writ petition, an interim order dated 22 January 2009 was passed in favour of the sixth respondent and in consequence whereof, it is asserted by the appellant that her training was abruptly stopped since 8 February 2009. The writ petition filed by the sixth respondent was finally disposed of by this Court by an order dated 17 September 2010 directing the Sub Divisional Magistrate, Sadar, Basti to decide the matter afresh.
(3.) In pursuance of the direction of this Court, the Sub Divisional Magistrate, Sadar, Basti, by an order dated 21 February 2011 again cancelled the domicile certificate issued in favour of the sixth respondent. After the said decision, the appellant made a representation on 28 February 2011 before the District Magistrate, Basti, wherein prayer was made for permitting her to complete the training, followed by appointment on the post of Shiksha Mitra. However, according to the appellant, no heed was paid thereto and this compelled her to approach this Court by way of a writ petition(W.P. No.60283 of 2011), which stands decided by impugned judgment and order dated 27 March 2015. The learned Single Judge noted the contention of the learned standing counsel that under the Government Order dated 2 June 2010, there cannot be any fresh appointment of Shiksha Mitra in the State and held that such being the position, the writ petition has been rendered infructuous by efflux of time and consequently, dismissed the same.;