VINAY KUMAR TIWARI Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2009-11-193
HIGH COURT OF ALLAHABAD
Decided on November 05,2009

Vinay Kumar Tiwari Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

A.P.SAHI,J. - (1.) HEARD Shri R.C. Kushwaha, learned counsel for the petitioner, Shri Jiwan Prakash Sharma holding brief of Shri Anil Kumar learned counsel for the respondent no. 6, learned counsel for the Basic Shiksha Parishad and learned counsel for the Gram Shabha as well as learned standing counsel.
(2.) THE petitioner contends that the respondent no. 6 is disqualified to hold the post of Shiksha Mitra as he happens to be the son of the Gram Pradhan. The submission advanced is that this disqualification as contained in the Government Order does not entitle the respondent no. 6 to continue as Shiksha Mitra and in this view the selection, appointment and continuance of the respondent no. 6 should be annulled.
(3.) LEARNED counsel for the respondent no. 6 submits that he was selected by the Gram Shiksha Samiti in the meeting of the Village Education Committee held on 30.01.2004 in response to an advertisement which had been issued earlier for the session 2003-04. The respondent no. 6 is continuing since then and his continuance cannot be non suited on account of his mother having been elected as Gram Pradhan in the year 2005.;


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