V.K.SHUKLA, J. - (1.) PRESENT writ petition has been filed by the petitioner claiming following main reliefs: "(i) issue a writ, order or direction the nature of certiorari quashing the order dated 02.12.2008 passed by Principal. , District Institute of Education and Training, Rai Bareli (Annexure-12 to the writ petition). (i)issue a writ, order or direction of a suitable nature of mandamus commanding the respondents to permit the petitioner to appear in the examination scheduled to be held in Jan.' 09 at the end of special BTC training course and also to declare the result of the petitioner therein. (ii)issue a writ, order or direction of a suitable nature of mandamus commanding the District Magistrate, Fatehpur as also the Basic Shiksha Adhikri Fatehpur to forthwith disburse the honorarium payable as Shiksha Mitra under the order dated 30/31st Jan.'08 passed by District Magistrate, Fatehpur within a period to be specified by this Hon'ble Court."
(2.) FACTUAL matrix of the case, in brief, is that the petitioner was selected and appointed as Shikshamitra and she claims to have continued to function in the said capacity in academic sessions 2003-03, 2003-04, 2004-05, 2005-06 and 2006-07. Petitioner submits that there was interference in her functioning in academic session 2007-08, as such she filed writ petition No.50963 of 2007, and this Court on 12.10.2007 asked the District Magistrate concerned to decide the matter. Thereafter, the District Magistrate on 30.01.2008 passed an order mentioning therein that decision had been taken by incompetent authority, as such petitioner was entitled for honourarium and further she be relieved. Conduct of the petitioner was also noted therein. Petitioner had applied for special BTC course-2007 and under 10% quota meant for Shikshamitra, she was selected at District Rai Bareli. On 12.08.2008, Principal, District Institute of Education and Training, Rai Bareli made queries from District Basic Education Officer, Fatehpur with regard to experience certificate of the petitioner. Said queries were replied on 25.10.2008. Thereafter, show cause notice was issued to petitioner on 05.11.2008, to which petitioner submitted reply and thereafter order impugned has been passed by the Principal, District Institute of Education and Training, Rai Bareli. Objection has been raised in respect of maintainability of writ petition at principal seat of Allahabad High Court, as in the present case order impugned has been passed by the Principal, District Institute of Education and Training, Rai Bareli.
(3.) SRI Ashok Khare, Senior Advocate, assisted by Sri S.K. Srivastava, Advocate appearing in support of writ petition, contended that in the present case, cause of action is interlinked with Fatehpur, as petitioner has functioned as Shiksmitra at Fatehpur, in this background this Court has got territorial jurisdiction to entertain the writ petition, as such writ petition be not non-suited on the ground of territorial jurisdiction.;