Allahabad High Court
Smt. Rita Devi 3963 (S/S)2009 vs The District Magistrate Sultanpur And ... on 29 August, 2019
Bench: Ajai Lamba, Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- SPECIAL APPEAL No. - 779 of 2010 Appellant :- Smt. Rita Devi 3963 (S/S)2009 Respondent :- The District Magistrate Sultanpur And Ors. Counsel for Appellant :- Vinay Mishra Counsel for Respondent :- C.S.C.,Girish Chandra Sinha,Jyotinjay Verma,Pawan Kumar Tewari Hon'ble Ajai Lamba,J.
Hon'ble Manish Mathur,J.
(Oral)
1. Smt. Rita Devi has preferred this intra-Court special appeal in challenge to order dated 20.9.2010 rendered in Writ Petition No.3963(S/S) of 2009 titled "Smt. Rita Devi versus The District Magistrate, Sultanpur and others."
Vide the impugned order, the writ petition was disposed of while taking into account that Shiksha Mitras are appointed on honorarium basis for a period of one year only. Holding of fresh selection had already been directed.
2. Learned counsel for the appellant/writ petitioner has not appeared to prosecute the case. Case relates to the year 2010. Nine years have gone by. We find no justifiable reason to adjourn the case to await appearance of the counsel.
In the circumstances, with the assistance of learned counsel for respondents Mr. Jyotinjay Verma, we have gone through the pleadings and contents of the impugned order.
3. Mr. Verma has pointed out that Shiksha Mitras were appointed for particular academic session. After coming into force The Right of Children to Free and Compulsory Education Act, 2009, Government Order dated 2.6.2010 was issued where-after Shiksha Mitras are not being appointed.
4. We having considered all the relevant facts and circumstances are of the view that Shiksha Mitras are appointed for a particular academic session. In the case in hand, issue was raised in regard to appointment of Shiksha Mitra for academic session 2009 - 10.
5. On the second count we have taken note of the fact that the Act of 2009 came into force in consequence to which Government Order dated 02.06.2010 was issued. The Government Order was issued so as to ensure that duly qualified and trained teachers are appointed in the interest of qualitative education. After issuance of Government Order dated 02.06.2010, Shiksha Mitras are not being appointed. Apparently, the said Government Order was not brought to the notice of learned Single Judge and therefore, judicial notice of the said Government Order could not be taken.
6. In view of the fact that after 2010, Shiksha Mitras are not being appointed in terms of the Government Order, we find no adjudicable cause of action at this point in time.
7. In view of the above, the appeal is disposed of.
Order Date :- 29.8.2019 kkb/