Ashok Bhushan, Arun Tandon - (1.) -Heard Sri Sanjay Kumar Shukla, learned counsel for the appellant, Sri Shyam Maurya, learned counsel for respondent No. 5, Sri V. K. Singh, learned counsel for respondent No. 4 and learned standing counsel for respondent Nos. 1 to 3.
(2.) WITH the consent of the parties this special appeal is being disposed of at the admission stage without calling for counter-affidavit, in view of the order proposed to be passed today. This special appeal has been filed against the judgment and order passed by the Hon'ble single Judge dated 13.10.2008, whereby the writ petition filed by the appellant has been dismissed as not maintainable. The Hon'ble single Judge has observed that the appointment of Shiksha Mitra is contractual in nature and they are paid honorarium. They are not Government servant in any case.
(3.) LEARNED counsel for the appellant submits that the Shiksha Mitra is appointed in accordance with the Government orders issued from time to time and the amount of honorarium is paid by the State Government through Gram Shiksha Samiti. The appointment and selection are regulated by the Government order and implemented by the State authorities including the Gram Shiksha Samiti, District Basic Education Officer and District Magistrate. In the writ petition the appellant has challenged the advertisement issued by the District Basic Shiksha Adhikari, Gorakhpur. The appellant submitted before the writ court that he has already been selected as Shiksha Mitra and there was no occasion for issuing fresh advertisement inviting application for the post of Shiksha Mitra. The challenge made in the writ petition is to the advertisement issued by the State-authority.;