The Special Appeal was dismissed as infructuous because a fresh order had already been passed during the pendency of the appeal, which cancelled the appellant's appointment and re-engaged the respondent. Consequently, no substantive decision was required to be reconsidered by this court.
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Court No. - 4
Case :- SPECIAL APPEAL No. - 1884 of 2012
Appellant :- Shyamakant Respondent :- Smt. Rakesh Yadav And Others Counsel for Appellant :- Manish Kumar Jain,L.K.Trigunait,Pramod Kumar Jain Counsel for Respondent :- C.S.C.,Ajendra Kumar,Ajnedra Kanpur,B.K. Yadav,Dwijendra Prasad,R.B. Yadav
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri P.K.Jain, Learned Senior Advocate assisted by Sri Maha Prasad for the appellant, Sri Avinash Sahu for respondent no.3 and learned standing counsel for respondent no.2.
The instant Special Appeal is directed against the order dated 10.10.2012, passed by the learned Single Judge of this Court in Writ-A No.56745 of 2007, Smt.Rakesh Yadav vs. State of U.P. and others, in which the appellant was arrayed as respondent no.6.
The aforesaid writ petition was filed by respondent no.1, Smt. Rakesh Yadav, challenging the order/letter dated 24.9.2007, passed by the District Basic Shiksha Adhikari, Firozabad and order dated 9.10.2007, passed by respondent no.3, Expert Basic Shiksha Adhikari, Agra and the impugned order/letter dated 10.10.2007, passed by respondent no.4 Nagar Shiksha Adhikari, Agra. A further prayer was made in the writ petition to issue a writ of mandamus commanding the respondents authorities to cancel the selection and appointment of appellant/respondent no.6 made on the post of Shiksha Mitra at Prathamik Vidyalaya (Girls) Hari Bhawan, Agra Cantt. Agra and to appoint the petitioner on the said post in the aforesaid institution.
It appears from perusal of the pleadings of the parties that respondent no.1, Smt. Rakesh Yadav, was engaged as Shiksha Mitra. Later on it was found that the certificate of Basic Shiksha Adhikari which she had submitted at the time of her engagement was doubtful and, accordingly, her engagement was cancelled and in her place the appellant was appointed as Shikha Mitra.
Learned Single Judge disposed of the writ petition with the following direction:
"Considered the submissions of counsel for the parties. There is one certificate submitted by the Deputy Basic Shiksha Adhikari dated 14.6.2007 to the effect that the certificate according to the record was
correct as petitioner had worked during the period from 22.9.1995 to 31.12.1995 as Anudeshak. However, subsequently it was opined that the certificate was doubtful. It was not mentioned in the order that the certificate was forged. The list of payment to the Anudeshak has been filed as Annexure No. 1 and 2 to the Writ Petition in which name of the petitioner has been mentioned to whom Rs. 200/- per month was paid while she was working as Anudeshak under Prodh Shiksha Scheme. Apart from that no proper opportunity was afforded to the petitioner and merely on the basis of complaint of respondent no. 6 and alleged report of the Shiksha Samiti, the selection of the petitioner was cancelled. Hence, the impugned order/letter dated 24.9.2007 passed by respondent no. 2 District Basic Shiksha Adhikari, Firozabad , the order /letter dated 9.10.2007 passed by respondent no. 3 Expert Basic Shiksha Adhikari, Agra and the impugned order/letter dated 10.10.2007 passed by respondent no. 4 Nagar Shiksha Adhikari, Agra are hereby quashed. In view of the facts and circumstances the District Basic Shiksha Adhikari, Firozabad, respondent no. 2 is required to consider the matter afresh, after due enquiry and after affording opportunity to the parties concerned, in accordance with law as expeditiously as possible, preferably within three months, after communication of this order.
With aforesaid observation, the present petition is finally disposed off.
No order as to cost."
Although Sri P.K.Jain, learned Senior Counsel argued in extenso assailing the order passed by learned Single Judge, but in his usual fairness submitted that pursuant to the impugned order a fresh order was passed by the Basic Shiksha Adhikari pursuant to which respondent no.1 has been re-engaged as Shiksha Mitra and the appellant's engagement has been cancelled. The appellant has not challenged the aforesaid order.
In view of the above, we are of the view that the instant Special Appeal has been rendered infructuous.
The appeal is, accordingly, dismissed.
Order Date :- 4.12.2019 AKJ
Shyamakant
Smt. Rakesh Yadav
Bala Krishna Narayana
Rohit Ranjan Agarwal
As recorded by the court registry
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