- (1.) This is a special appeal against an order of the learned single judge dated 5.1.2009 dismissing the writ petition of the appellant. It appears that there was a dispute regarding the appointment of Shiksha Mitra for the sessions 2008-09. According to the appellant the quality point marks obtained by the appellant were 66% whereas the quality point marks of the respondent no.6 were 62.80% and a resolution was passed by the Gram Shiksha Samiti on 31.7.2008 selecting the appellant on the post of Shiksha Mitra. The grievance expressed by the appellant in the writ petition as alleged in paragraph 7 was that even though the quality point marks of the appellant were higher than those of the respondent no.6, Pushpa Devi respondent no.6 was allegedly selected and her name was sent for approval showing the absence of the Pradhan. In para 14 it is stated that respondent no. 6 has not joined. The learned single judge has dismissed the writ petition on the finding that no appointment having been made as Shiksha Mitra as on date the writ petition is premature. The respondent no.6 has put in appearance in this appeal through Sri Arvind Kumar Kushwaha and he states that the respondent no.6 was engaged as Shiksha Mitra for the session 2008-09 and she is teaching in the institution. In paragraph 10 of the writ petition it has been averred by the petitioner/appellant that the copy of the selection/appointment letter of the respondent no.6 as Shiksha Mitra was not provided to her despite request. One of the prayers in the writ petition was that the representation of the appellant dated 16.11.2008 sent to the respondent no.2 District Magistrate be decided.
(2.) From the facts as well as from the submission made by the counsel for the respondent no.6 it appears that there is a dispute regarding the engagement of Shiksha Mitra and the respondent no.6 is claiming to have been appointed as Shiksha Mitra. It appears that the District Magistrate is the Chairman of the Zila Shiksha Samiti. Disputed questions of fact are involved in the writ petition and it is appropriate that the District Magistrate may decide the representation.
(3.) In the circumstances we allow the special appeal and set aside the order of the learned single judge dated 5.1.2009 dismissing the writ petition and we direct the District Magistrate to decide the representation of the appellant after giving opportunity to the concerned parties preferably within a period of two months from the date a certified copy of this order is filed by the appellant. Appeal Allowed.;