DEVI PRASAD Vs. DISTRICT MAGISTRATE CHAIRMAN DISTRICT EDUCATION LEVEL COMM
LAWS(ALL)-2009-5-293
HIGH COURT OF ALLAHABAD
Decided on May 22,2009

DEVI PRASAD NARSINGH Appellant
VERSUS
DISTRICT MAGISTRATE/CHAIRMAN DISTRICT EDUCATION LEVEL COMM Respondents

JUDGEMENT

S.N.H.Zaidi, J. - (1.) NOTICE on behalf of respondent no. 2 has been accepted by Sri Deepak Srivastava. Sri H.P. Srivastava, learned Additional Chief Standing Counsel, says that he accepts notice on behalf of respondent no. 1. Issue notice to respondents no. 3 and 4 returnable at an early date. The question involved in this petition is that whether Shiksha Mitra can be allowed to go for higher studies during his/her tenure of service and whether for this period any leave can be granted, and if so, what arrangement can be made as per the scheme to carry on the education, which is the essence of the scheme of Shiksha Mitra at the local level. Sri Deepak Srivastava, appearing for the Basic Shiksha Adhikari has filed a counter affidavit, wherein in Para 5 it has been stated that there is no provision for higher studies and if one goes on leave, the Gram Shiksha Samiti has a right to remove the incumbent. The affidavit further says that in the present case the Gram Shiksha Samiti and its members have refused to convene the meeting and, therefore, no further action could be taken. The opposite party no. 4, after being appointed as Shiksha Mitra, allegedly has gone on study leave. It is not clear that in the absence of any arrangement being made, whether any such leave could be granted to him. Shiksha Mitras are appointed for education at local level and if they do not make themselves present and go on long leave, the whole purpose would be frustrated and defeated. The counter affidavit shall explain the aforesaid position and the Gram Shiksha Samiti shall also indicate as to why the meeting has not been convened. The continuance of Sushil Kumar, respondent no. 4 shall be considered on the next date, after the exchange of affidavits.;


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