- (1.) Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Standing Counsel for the State respondents.
(2.) Mukesh Chandra is before this Court for quashing the impugned order dated 19.6.2012 passed by the District Magistrate, Etah-respondent no.2. He has further prayed for direction in the nature of mandamus commanding the respondent/authority to allow him for teaching on the post of Shiksha Mitra and pay his salary regularly.
(3.) Record in question reflects that in the year 2003, an advertisement was published inviting applications for making selection and appointment of Shiksha Mitras on three posts at Primary School Mohammad Nagar Bajhera-I and II, District Etah. In pursuance of the said advertisement, six persons had applied for appointment on the post in question and no woman candidate had submitted her credential for appointment. Thereafter, the merit list was prepared by the Samiti on 11.2.2004, in which Bhoop Singh secured 49.25% marks; Bijendra Singh secured 48.86% marks and Mukesh Chandra (petitioner) secured 48.83% marks. Thereafter on the basis of said merit list, Bhoop Singh was given placement at Primary School Bajhera-I and the petitioner alongwith respondent no.5 namely Mohd. Bijendra Pal were accorded placement at Mohammad Nagar Bajhera-II on 1.7.2005. In pursuance of the said placement, the petitioner was sent for training and he had been discharging his duties and receiving the honorarium. When the honorarium of the petitioner and respondent no.5 was stopped in the month of July, 2010, the petitioner had proceeded to file a detailed representation to respondent no.3 for release of the honorarium. The respondent no.3 had cancelled the appointment of the petitioner vide order dated 9.4.2012. Aggrieved with the aforesaid order, the petitioner filed Writ Petition No.24568 of 2012, which was disposed of on 18.5.2012 with direction to the District Magistrate to decide the claim of the petitioner. By the impugned order dated 19.6.2012, the respondent no.2 rejected the representation of the petitioner on the ground that he was appointed against the vacancy reserved for woman.;