Ashwani Kumar Mishra, J. - (1.) These two writ petitions have been heard together and are being decided by this common order.
(2.) Issue involved in both the petitions is as to whether Avaneendra Bahadur Singh has been rightly appointed as Shiksha Mitra or not?
(3.) In Writ Petition No. 65791 of 2008, Vijai Prakash Pandey son of Sri Tarkeshwar Pandey has sought a writ of mandamus to command the District Basic Education Officer to appoint him on the post of Shiksha Mitra and to consider his representation in that regard. The other writ petition, being Writ Petition No.18361 of 2012, is by Avaneendra Bahadur Singh, challenging an order passed by the District Basic Education Officer, Siddharth Nagar, dated 27th March, 2012, cancelling his appointment on the post of Shiksha Mitra on the ground that while petitioner was continuing as Shiksha Mitra, he also pursued his studies as a regular student in Shastri Program, which was impermissible. The order of 27th March, 2012 has been passed, on the basis of a direction issued by this Court in Writ Petition No.57436 of 2010, decided on 20th September, 2010, which reads as under:- "Petitioner's submission is that complaint has been made against him that while continuing on the post of Siksha Mitra, he has pursued his course from Vishwa Bandhu Sanskrit Mahavidyalaya, Uska Bazar, District-Siddharth Nagar. Petitioner also tried to contend before this Court that on the complaint so made made enquiry was got conducted, and report was submitted in his favour. Petitioner further stated that District Basic Education Officer on 26th August has asked for explanation, and the petitioner has already submitted his explanation on 9.9.2010. Consequently in the facts of the case, District Basic Education Officer, Siddharth Nagar is directed to see and ensure that once reply has been submitted by petitioner, then the said proceedings in question be finalized in accordance with law, preferably within next three months from the date of production of certified copy of the order passed by this Court, after taking into account the due explanation furnished by petitioner. Writ petition is disposed of.";