- (1.) Heard learned counsel for the parties and perused the record.
(2.) This Special Appeal has been preferred by appellant Sukkhu Prasad Gupta, challenging the validity and correctness of the impugned judgment and order dated 10.11..2010 passed by the learned Single Judge in Civil Misc. Writ Petition No. 17636 of 2006, Smt. Kusum Yadav and others versus State of U.P. and others by which the aforesaid writ petition was disposed of.
(3.) It appears that respondent no.3, District Basic Shiksha Adhikari, Basti advertised one post of Shiksha Mitra for Gram Panchayat Ranigaon, which was reserved for women candidate from backward caste in the year 2001-2002. Pursuant to the aforesaid advertisement, respondent no.6 herein applied and was selected as Shiksha Mitra for her village Panchayat. She joined as Shiksha Mitra at Primary School Kohalmishra. Her appointment on the post of Shiksha Mitra was cancelled vide order dated 2.3.2006 by respondent no.2 on the ground of her being the grand-daughter of the then Gram Pradhan of the village and approved the appointment of the appellant Sukkhu Prasad Gupta on the said post. Aggrieved, respondent no.6 herein preferred Civil Misc. Writ Petition No. 17636 of 2006 (Smt. Kusum Yadav versus State of U.P. and others), which was disposed of vide judgment and order dated 10.11.2010, hence the instant appeal has been preferred by appellant Sukkhu Prasad Gupta on the ground that the Writ Court has not considered that the appellant was already in service and till now his appointment has neither been cancelled nor declared invalid while the appointment of respondent no.6, Smt. Kusum Yadav was found illegal.;