- (1.) BY means of this writ petition, moved under Article 226 of the Consti tution of India, the petitioner has sought writ in the nature of certiorari quashing the order dated 13-12-2005 (copy Annexure-7 to the writ petition), whereby respondent No. 3 directed respondent No. 5 Smt. Mamta to undergo one month's Training in the District Institute of Education and Training, Pauri Garhwal, as Shiksha Mitra in Primary School, Hatnoor.
(2.) HEARD learned counsel for the partes and perused the affidavit, coun ter affidavit and rejoinder affidavit filed by the parties. Brief facts of the case, as nar rated in the writ petition, are that the petitioner is an unemployed youth of Vil lage Hatnoor, who is qualified for being considered for appointment as Shiksha Mitra. He is M. A. , B. Ed. , from Hemvati Nandan Bahuguna Garhwal University, Srinagar. For appointment of Shiksha Mitra in primary schools, an advertise ment dated 08-08-2005 was published in daily newspapers, by which applica tions were invited through Village Education Committee from the eligible can didates belonging to the concerned Vil lage Panchayats. The applications were made by five candidates including the petitioner and respondent No. 5 to the Village Education Committee (respond ent No. 3) for appointment as Shiksha Mitra in Village Hatnoor. According to the petitioner respondent No. 5 is not a domicile of Village Hatnoor. It is further stated that she had got entered her - name in family registers of two villages i namely, Hatnoor and Manpur, and got selected as Shiksha Mitra in Primary School Hatnoor. Challenging that she is not eligible for appointment as Shiksha Mitra in Primary School Hatnoor, this writ petition has been filed. Counter affidavit has been filed on behalf of respondent No. 2, Block Education Officer, Block Dwarikhal, Dis trict Pauri Garhwal, who has admitted that five applications were received by the Village Education Committee, Hatnoor, in response to the advertise ment dated 08-08-2005, for appoint ment as Shiksha Mitra in Primary School, Hatnoor. The respondent No. 5 Smt. Mamta Naithani obtained maxi mum 44. 34 per cent quality points. Next was the petitioner Maharaj Singh, who secured 39. 37 per cent quality points, and the third was Km. Geeta Rawat, who secured 34. 79 per cent quality points. The names of these three candidates were sent as per merit to the Block Education Of ficer, Block Dwarikhal, for considering their appointment as Shiksha Mitra in Primary School, Hatnoor. It is further stated in the counter affidavit that all the above three candidates were permanent residents of Village Panchayat, Hatnoor, and the remaining two namely, Subandhu Dabral and Anoop Kumar were not resi dents of Village Panchayat, Hatnoor, and their names were not recommended.
(3.) RESPONDENT No. 5 Smt. Mamta Naithani filed her separate counter affi davit stating that her father-in- law Sambhu Prasad owns land and house in Village Manpur (Village Panchayat, Devi Sukhro) as well as in Village Vistana (Vil lage Panchayat, Hatnoor), as such, there is no illegality in her name being re corded in the family registers of both the villages. It is denied by her that she got manipulated her appointment as Shiksha Mitra. It is further stated by her that she is fully eligible to be appointed as Shiksha Mitra in Primary School, Hatnoor. In the rejoinder affidavit filed on behalf of the petitioner, the averments made in the writ petition are reiterated. Copy of statement dated 03-03-2006 of Smt. Mamta Naithani given to Patwari is filed as Annexure R. A. 1 to the rejoin der affidavit.;