SUNITA AGARWAL, J. - (1.) HEARD learned counsel for the petitioner and Sri Awadhesh Kumar, learned counsel for respondent no. 3.
(2.) THE petitioner has submitted an application Form for selection on the post of 'Prerak' at Khamharia Gangaram Vikas Khand Harraiya, District -Basti under the "Shakshar Bharat Abhiyan" for reserved category. The petitioner belongs to the Scheduled Caste category to which the Gram Pradhan of Gram Panchayat belongs. He was selected and appointed on the post of 'Prerak'. Sri Ramjeet, respondent no. 5 challenging the selection of the petitioner filed a Writ Petition No. 3602 of 2012 which was disposed of on 19.1.2012 with a direction to consider his claim. Pursuant to the order passed by this Court, District -Lok Siksha Samiti issued notices to all the parties including the petitioner.
(3.) IN the meantime, the petitioner has also filed a Writ Petition No. 26699 of 2013 which was disposed of on 13.5.2013 with a direction that while considering the claim of Ramjeet, the petitioner should be heard. The District Magistrate being the Chairman of Lok Siksha Samiti heard the parties and passed the order dated 15.11.2014 and directed that a fresh proposal including the claim of Ramjeet on the post of 'Prerak' be prepared and placed before the District Lok Siksha Samiti within 15 days. The petitioner has filed the present writ petition, challenging the order dated 15.11.2014 passed by the District Magistrate on the ground that while giving direction, to include the name of Ramjeet in the proposal for selection, the information provided by the petitioner that Ramjeet was a regular student of B.Ed. course in the session 2011 -12 in Brahmdatt Dwivedi Prabha Dwivedi Mahavidhyalaya, Ramgarh Chhawni Basti, U.P., has not been considered. As Ramjeet was a regular student of B.Ed course on the date of proposal for selection i.e. on 2.7.2011, his name has rightly been excluded from consideration. The petitioner has obtained the said information from the Principal of the College on 12.12.2011 under RTI Act and has brought on record as Annexure '4' to this writ petition.;