- (1.) Heard Shri Ashutosh Tripathi, learned counsel for the petitioner. Shri Pankaj Rai, Addl. Chief Standing Counsel appears for respondent nos.1 and 2. Shri A.K. Yadav appears for respondent no.3 and Shri Sidhartha Khare for respondent no.4. By means of present writ petition, the petitioner has prayed for quashing the order dated 26.12.2012 issued by the District Basic Shiksha Adhikari, Allahabad and further prayed for direction to respondent no.3 to permit the petitioner to join on the post of Prerak in Primary School Akhari Shahpur, Meja, Allahabad. A selection process was initiated under the supervision of the Pradhan of Village Akhari Shahpur for two posts of Prerak under Bharat Shakshar Mission, 2012. In the selection one post was reserved for SC/ BC women candidates and one for unreserved category candidates. After the selection merit list was prepared. For one post of SC/BC Women category one Sunita Yadav stood at position no.1 in the merit and therefore she was selected for one post of Prerak Women SC/ BC category by the Lok Shiksha Samiti of Gram Panchayat Akhari Shahpur Meja, Allahabad. The Lok Shiksha Samiti of Gram Panchayat comprises of the Gram Pradhan, Head Master and one other person of the village as member. On the second post of Prerak (unreserved) the petitioner stood at merit position no.1 and was selected amongst 30 other candidates on the basis of his meritorious educational qualifications.
(2.) On 21.8.2012 a complaint was made by the respondent no.4 against the appointment of the petitioner on the post of Prerak before the Khand Shiksha Adhikari, Meja, Allahabad. The Khand Shiksha Adhikari issued order to the Secretary, Lok Shiksha Samiti to inquire into the allegations made by respondent no.4 in this regard. It is averred by the petitioner that the respondent no.4 was at Sl. No.22 in the merit list having 86.6 marks, whereas the petitioner was at Sl. No.1 having 193.68 marks more than double of the marks of respondent no.4. On 28.8.2012 the members of the Lok Shiksha Samiti submitted explanation clarifying that the allegations of respondent no.4 are false. The respondent no.3 i.e. District Basic Shiksha Adhikari, Allahabad issued order dated 12.12.2012 calling upon the Khand Shiksha Adhikari; Head Master, Primary School Akhari Shahpur and the complainant Smt. Deepak Srivastava as well as the petitioner to appear on 19.12.2012 for hearing and decision in the matter. Finally the District Basic Shiksha Adhikari passed the impugned order dated 26.12.2012 by which a direction was issued to the Gram Panchayat Lok Shiksha Samiti Akhari Shahpur to consider the grievance of the respondent no.4 and rectify the alleged merits list. Aggrieved with the said order the present writ petition has been filed.
(3.) The matter was heard initially on 8.2.2013 and the Court had passed the following interim order:- "Heard learned counsel for the petitioner and Sri A.K. Yadav for the respondent no. 3. Issue notice to the respondent no.4. This writ petition raises the issue relating to applicability of preferential qualifications which according to the petitioner can be considered only if the merits of the candidate are equal. The petitioner contends that the petitioner stands at Serial No. 1 in the merit list whereas the respondent no. 4 is at serial no. 22. Thus the petitioner and the respondent no. 4 are not equal in merit. The respondent no. 4 has a lower merit than the petitioner and therefore her preferential qualifications cannot be made the basis for her selection as against the merit of the petitioner. Learned counsel has relied on several decisions to contend that preferential qualifications can be taken into account when all other things are equal. Prima facie the contention appears to be correct. The direction issue by the Basic Education Officer under the impugned order dated 26.12.2012 may be assessed by the Lok Shiksha Samiti but the final outcome shall not be given effect to until further orders of the Court. Let all the respondents file their counter affidavit within three weeks. The matter shall be listed after three weeks.";