- (1.) Basic Shiksha Adhikari, Ambedkar Nagar has preferred this intra-Court special appeal in challenge to decision dated 15.7.2011 rendered in Writ Petition No.4101(S/S) of 2011 Km. Madhuri versus State of U.P. Vide the impugned order, the writ petition filed by the respondent/writ petitioner was allowed.
(2.) For ready reference, the impugned order is extracted here-below: "Mr. R.P. Verma, learned counsel for the respondent no. 3 speaks that the Government Order dated 2nd of June, 2010 is hurdle for issuing appointment of the petitioner as it bans the appointment of 'Shiksha Mitra', whereas the controversy has already been dealt with by this Court in other matter, in which it has been held that the ban on appointment shall apply prospectively. The petitioner's select list was prepared in 2008, yet the appointment order is to be issued. Therefore, I am of the view that the Government Order dated 2nd of June, 2010 shall not have bearing over the selection already taken place. Under these circumstances, order dated 17.7.2010 passed by the District Basic Education Officer, Ambedkar Nagar is hereby quashed and a direction is issued to the respondents to finalize the petitioner's selection by implementing it within two weeks after receipt of a certified copy of this Order. With the aforesaid observation, writ petition is allowed."
(3.) Learned counsel for the respondents/writ petitioner has not appeared. Case relates to the year 2011. Eight years have gone by. We find no reason to await appearance of the counsel. In the circumstances, with the assistance of learned counsel for the appellant Mr. Jyotinjay Verma, Advocate and learned counsel for the State Mr. Raj Baksh singh, we have gone through the pleadings, contents of the impugned order and have referred to the law on the issue.;