SUDHIR AGARWAL, J. - (1.) HEARD Sri R.K. Pandey, learned Counsel for the petitioner and Sri Abhinav Upadhyay, learned Standing Counsel for the respondents.
(2.) THE petitioner has sought a mandamus commanding the respondents to appoint him on the post of Shiksha Mitra in Primary School Ameliya, Gram Panchayat Chandapur, Block Koraon, District Allahabad. The brief facts giving rise to this petition are that pursuant to the various Government orders laying down guidelines regarding appointment on the post of Shiksha Mistra in Primary Schools, a selection was held in the year 2004 wherein the petitioner was placed on the top of the select list for appointment to the post of Shiksha Mitra in Primary School Ameliya, Gram Panchayat Chandapur, Block Koraon, District Allahabad as is apparent from the proceedings of the Selection Committee (Annexure-2 to the writ petition). However, she has been denied appointment on the post of Shiksha Mitra on the ground that her mother-in-law is Gram Pradhan of Village Chandapur and therefore, being closely related to the Gram Pradhan, she is disqualified for appointment under the Government Order dated 1-7-2000.
(3.) LEARNED Counsel for the petitioner vehemently contended that the relationships which are prohibited have been specifically mentioned in the aforesaid Government order which does not include "mother-in-law " and therefore, the petitioner could not have been disqualified for appointment to the post of Shiksha Mitra.;