JUDGEMENT
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(1.) HEARD the learned counsel for the appellant Sri Prabhat Kumar and the counsel for the opposite party No. 2 Sri Yogendra Nath Verma.
(2.) THE appellant, Km. Shahjahan chal lenges the order passed by the learned Single Judge dated 19-12- 2007 by means of which the writ petition preferred by her has been dismissed wherein she had claimed that the appointment on the post of Shiksha Mitra of Opposite party No. 6 was made for 2006-07 and therefore, that selection has come to an end, consequently a fresh selection should be held.
Leaned Single Judge without recording any finding as to whether the appointment of Shiksha Mitra is made for a particular ses sion or it has to continue, even thereafter, in case the appointment is renewed, dismissed the writ petition after observing that it was not proper nor in the interest of justice that the Court should interfere in the matter per taining to the year 2007-08 which is shortly going to end on 31-5-2008 in this year. The learned Single Judge did not interfere with the working of opposite party No. 6 or her continuance for the Session 2007-08 but did not express any opinion as to whether the said appointment can be renewed any further or not. However, it was observed that for the next session the Basic Shiksha Adhikari will take steps in accordance with the Government or der.
The learned counsel for the appellant re iterated his stand that the appointment of Shiksha Mitra having been made for 2006-07, therefore, the appointment of opposite party No. 6 could not have been extended ei ther for the next session i. e. 2007-08 nor she can be allowed any further, therefore, a fresh selection be directed to be made.
(3.) THE State Government for universalisation of primary education and for participation of educated youth has framed a scheme known as "shiksha Mitra Yojna". THE scheme has been made to achieve the enshrined constitutional goal of Universalization of the primary education and to provide education through educated youth voluntarily. In fact this scheme has been framed to give an opportu nity to the local educated youth of the village to impart education with community feeling in their own village.
The Government Order dated 1st July 2001 lays down the manner in which the Shiksha Mitra are to be appointed and in clause (5) the tenure of such appointment is mentioned. It says that ordinarily the period of work/tenure of a Shiksha Mitra would come to an end on the last day of May but in case the work and conduct of Shiksha Mitra is satisfactory, then the Committee can iden tify him or her, as the case may be, for the next session also. It obviously means that if the work and conduct of Shiksha Mitra is sat isfactory, he or she, as the case may be, con tinued for the next session. This procedure would hold good till it is found that Shiksha Mitra has incurred some disqualification and is not fit or suitable or his/her performance or conduct is not satisfactory.;
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