KRISHNA KUMAR Vs. STATE OF U P AND 3 ORS
LAWS(ALL)-2015-2-285
HIGH COURT OF ALLAHABAD
Decided on February 18,2015

KRISHNA KUMAR Appellant
VERSUS
State Of U P And 3 Ors Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner, Shri Yatindra, learned counsel for the respondent no.2, Shri Mahesh Narain Singh, learned counsel for respondent no.3 and learned Standing Counsel appearing for respondent nos. 1 and 2.
(2.) THE petitioner is challenging the appointment of respondent no.4 on the post of Shiksha Mitra which was made in the year 2005.The petitioner has submitted application form along with respondent no.4, however, in the meeting of Gram Lok Shiksha Samiti, Salawat Nagar, Gangawali on 8.11.2005, the respondent no.4 was placed first in the merit list and she was recommended for appointment.The appointment letter was issued and she started working since 2006.
(3.) THE petitioner has challenged the appointment of respondent no.4 on two grounds. The first ground is that the petitioner is should be placed higher in merit on the basis of his Educational qualification. The second ground is that the post of Shiksha Mitra was reserved for Scheduled Caste category and respondent no.4 does not belong to the said category, hence could not be selected. So far as the first contention of the petitioner is that he was having higher mark the same is not substantiated from the records. Moreover, the petitioner was well aware of the appointment of respondent no.4, in the year 2005, no steps have been taken by him for a period of ten years.No such grievances were raised before the Gram Lok Shiksha Samiti, Salawat Nagar, Gangawali.The dispute raised after a period of ten years cannot be entertained. In the petition mere assertions of the petitioner is that he has moved representation to the concerned authority is not sufficient to explain the latches on the part of the petitioner. In so far as the contention of the petitioner that respondent no.4 does not belong to S.C. category is concerned, it is noteworthy that the post on which respondent no.4 was appointed was second post of Shiksha Mitra at the relevant point of time.It is true that the Gram Pradhan of the Salawat Nagar Gangawali of the village belonged to S.C. category and hence the first post was reserved for S.C. category.The contention of the petitioner is that both the posts should be filled from reserved Scheduled Caste category cannot be accepted being devoid of merits.;


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