High Court
Case Details
Neutral Citation No. - 2023:AHC:112162 Court No. - 36 Case :- WRIT - A No. - 4772 of 2023 Petitioner :- Daya Shanker Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Ashwani Kumar Singh,Pranesh Dutt Tripathi,Punit Singh
Legal Reasoning
Hon'ble Ashutosh Srivastava,J. 1. Heard Shri R. C. Dwivedi, learned counsel for the petitioner, Shri P. D. Tripathi, learned counsel for respondent No. 2 and learned Standing Counsel for respondent Nos. 1, 3 & 4. A caveat application has been filed on behalf of one Awadhesh Narayan Gupta son of Shri Ram Bilas Gupta through Shri Punit Singh, Advocate, however, since the said Awadhesh Narayan Gupta has not been impleaded in the present proceedings, he has not been heard.
Decision
2. The writ petitioner, who was engaged as a Shiksha Mitra in Primary School Mundera, Block Kaptaganj, District Kushi Nagar, initially on 1.1.2003 and whose engagement has been renewed from time to time, has approached this Court claiming issuance of a writ of certiorari quashing the order dated 2.1.2023 passed by the District Basic Education Officer, Kushi Nagar whereby and whereunder the engagement of the petitioner as Shiksha Mitra in the institution in question i.e. Primary School Mundera, Block Kaptaganj, District Kushi Nagar, has been cancelled. The cancellation order proceeds on the premise that the engagement of the petitioner as Shiksha Mitra is in contravention of the Government Order dated 1.7.2000 and 10.10.2005 which provides that no relative of Gram Pradhan/Secretary of Gram Shiksha Samiti i.e. father, grandfather, father-in-law (parental and maternal) son, daughter-in-law, grandson, son-in-law, brother, sister, husband, wife, daughter or mother, shall be engaged as Shiksha Mitra. In the case at hand, the real brother of the petitioner was Gram Pradhan/President, Gram Shiksha Chayan Samiti, Mundera and as such, the engagement of thepetitioner during his tenure was illegal. 3. Shri R. C. Dwivedi, learned counsel for the petitioner has assailed the impugned order cancelling his engagement as Shiksha Mitra, principally, on the following grounds:- (a) the order is manifestly illegal and contrary to law as well as violative of the principles of natural justice. (b) the order has been passed placing reliance upon the inquiry report dated 21.12.2022 submitted by three members Committee which was never supplied to the petitioner and the petitioner was not made aware of the contents. Thus, the order stands vitiated in law. (c) the order is without jurisdiction inasmuch as the District Basic Education Officer, Kushi Nagar is not competent to pass the order cancelling the engagement of the petitioner and the power vests with the District Selection Committee who alone is empowered to terminate the services of a Shiksha Mitra. (d) the order does not take into consideration a report dated 7.5.2022 submitted by the Block Education Officer to the District Basic Education Officer, Kushi Nagar which clearly stated that the petitioner was living separately from his brother prior to more than 22 years and that the petitioner had never been dependent upon his brother. 4. A counter affidavit has been filed on behalf of the respondent No. 2 i.e. the District Basic Education Officer, Kushi Nagar. In the counter affidavit, it has been averred that an application under Section 156 (3) Cr.P.C., was moved by one Awadhesh Narayan Gupta giving rise to Case Crime No. 377 of 2021, under Section 420 IPC, Police Station Kaptanganj, District Kushi Nagar against (i) Jata Shankar Singh (the then Gram Pradhan) son of Ram Lakhan Singh (ii) Ramagya son of Tirthraj (iii) Janardan son of Rajman (iv) Vimla Devi w/o unknown and (v) the then Head Master (Primary School Mundera) and then then Block Education Officer, Kaptanjganj. The matter was inquired into and it was revealed that the petitioner was engaged as Shiksha Mitra on the basis of Prastav No. 24 and that he was engaged on the basis of list in which he was placed at Sr. No. 1. After engagement the petitioner did his training from 2.12.2002 to 31.12.2002 at DIET and took charge as Shiksha Mitra in Primary School, Mundera Block, Kaptanganj. 5. I have heard learned counsel for the petitioner, Shri P. D. Tripathi, learned counsel appearing for respondent No. 2 as also learned Standing Counsel representing the State-respondents and have perused the record. 6. I find that the initial appointment of the petitioner as Shiksha Mitra in the year 2003 was in contravention of the Government Order dated 1.7.2000 as at the relevant time, the real brother of the petitioner was the Pradhan. But the appointment of the Shiksha Mitra is purely contractual which is renewed every year by the District Selection Committee under the Chairmanship of the District Magistrate of the district concerned. It is not disputed that the petitioner obtained training and is qualified to be appointed as Shiksha Mitra. Even though the initial appointment of the petitioner as Shiksha Mitra in the year 2003 during the tenure of his real brother as Pradhan was illegal, the subsequent engagement of the petitioner after his real brother was no longer holding the post of Pradhan cannot be termed as illegal or violating the provisions of the Government Order dated 1.7.2000 and 10.10.2005. Admittedly, the real brother of the petitioner was not the Pradhan when the impugned order dated 2.1.2023 has been passed and as such, the same could not be a ground to cancel the engagement of the petitioner as Shiksha Mitra. The Court also finds that the District Basic Education Officer, Kushi Nagar is not competent to disengage the service of the petitioner as Shiksha Mitra and the power vests only with the District Selection Committee who alone is empowered to cancel the engagement of a Shiksha Mitra. The Court, thus, finds substance in the submissions of the learned counsel for the petitioner. 7. Accordingly, the impugned order dated 2.1.2023 passed by the District Basic Education Officer, Kushi Nagar whereby cancelling the engagement of the petitioner as Shiksha Mitra is hereby set aside. The writ petition stands allowed. The respondents are at liberty to engage the petitioner as Shiksha Mitra and the impugned order shall not come in the way. Order Date :- 3.5.2023 Ravi Prakash Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad