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(B) Whether the law laid down by the Division Bench in the case of Sonika Verma vs. State of U.P. and others (supra) or the law laid down by the Division Benches in the case of Km. Rekha Singh vs. State of U.P. and others (supra) and in the case of Pankaj Kumar vs. State of U.P. and others (supra) is the correct law.

The background facts, as set out in the writ petition, relevant to the above questions may be noticed in brief.

The present petition has been filed by five petitioners jointly by laying a claim to have been selected for the post of Shiksha Mitra in the year 2009. The grievance is that the petitioners were neither appointed as Shiksha Mitra nor were sent for training, notwithstanding the said selection. The State Government, in the meantime, by the government order dated 2nd of June, 2010 (the validity of which is not in issue), imposed ban on further appointments of Shiksha Mitra. The petitioners' claim that they are entitled for appointment as Shiksha Mitra as the aforesaid government order dated 2nd of June, 2010 is prospective in nature and does not prohibit the appointments of Shiksha Mitra who were selected anterior to the said government order. In support thereof, reliance has been placed by them on a Division Bench decision of this Court delivered in Special Appeal No.765 of 2011 : Smt. Sheela Yadav and others Vs. State of U.P. and others on 9th of May, 2011 wherein the Division Bench held that "The selection had been made for academic session 2009-2010 and the government order which was made on 2nd of June, 2010 was made for banning future appointments. The said government order would, therefore, apply prospectively for the teachers' selection from 2nd of June, 2010 onwards and would not apply where appointments have been delayed on account of the reasons which were relatable to the inaction of the respondents."

fo"k; %& izns'k esa izkFkfed f'k{kk ds lkoZHkkSfedj.k ds y{; dh vksj vxzlj gksus ds fy;s f'kf{kr ;qokvksa dh lgHkkfxrk gsrq f'k{kk fe= ;kstuk dk dk;kZUo;uA egksn;] mi;qZDr fo"k; ij 'kklukns'k la[;k&2604@15&5&99&282@98] fnukad 26-05-1999 ,oa 'kk0 la0&4386@15&5&99&282@98 Vhlh] fnukad 11-08-1999 ds vuqØe esa eq>s ;g dgus dk funsZ'k gqvk gS fd izns'k esa izkFkfed f'k{kk ds lkoZHkkSfed ds y{; dh vksj vxzlj gksus ds iz;klksa esa LosPNk mudh lgHkkfxrk lkeqnkf;d lsok ds {ks= esa xzke iapk;rksa }kjk izkIr djus ds fy, f'k{kk fe= ;kstuk dh jpuk dh gSA oLrqr% ;g ;kstuk eq[; :i ls xzkeh.k f'kf{kr ;qok 'kfDr dks vius gh xzke esa f'k{kk ds vkyksd dks lkeqnkf;d lsok ds :i esa izTofyr djus gsrq mUgsa mRizsfjr djus ds y{; dks n`f"Vxr j[krs gq, izkjEHk dh x;h gSA ;gka ;g Hkh Li"V :i ls bafxr dj fn;k tkuk vko';d gS fd f'k{kk fe= ;kstuk lsok;kstu ijd ;kstuk ugha gS] izR;qr bldk mn~ns'; xzkeh.k f'kf{kr ;qokvksa dks izkFkfed f'k{kk ds {ks= esa mudks lkeqnkf;d lsok gsrq mRizsfjr djuk ek= gSA The other part of the scheme lays down the salient feature of the scheme such as the manner of identification of Shiksha Mitras, their tenure, qualification and procedure for their selection, payment of honorarium and the duties of Shiksha Mitras. It would show that in a college having regular teacher Shiksha Mitra will be appointed in the ratio of 3:2 in respect of full time teachers and Shiksha Mitras. Shiksha Mitras will be appointed only in such colleges where at least one regular teacher is working. Firstly, the colleges where Shiksha Mitras are to be appointed shall be identified by the District Level Committee. Thereafter, the applications from the candidates will be invited by public notice. The candidate should possess the minimum qualification as prescribed in clause - IV of the government order. The academic period of a session will be July to May.

We, therefore, find that even if it is assumed what the petitioners say that their names were recommended by the village level committee, is correct, it does not confer upon them any enforceable right to ask for a writ of mandamus.

It could not be disputed by the petitioners that the scheme for appointment of Shiksha Mitra came into being through the government orders i.e. executive instructions. To put it differently, the petitioners' appointment/selection is contractual appointment as Shiksha Mitra. Meaning thereby, there is no statutory backing to the petitioners' claim. The petitioners' argument proceeds on the footing that the post of Shiksha Mitra is a civil post and is governed by the Principle of statutory service rules. The scheme itself provides that a person shall be allowed to function as Shiksha Mitra under a contract for a fixed period which will come to an end on 31st of May of the next year. No honorarium shall be payable for the month of June. The scheme shows that it will commence in the month of July of each year and will end on 31st of May i.e. for eleven months. By modification it has been provided that if nothing is there against a person he may continue as Shiksha Mitra for the next academic session, subject to receiving a short refresher training. All this cumulatively shows that the tenure of Shiksha Mitra is a fixed term tenure, maximum up to the period of eleven months which, of course, in view of the subsequent amendments by the Government Order can be renewed for subsequent academic sessions.

A bare perusal of the judgment in the case of Sheela Yadav would reveal that attention of the Court was not invited towards the fact that in the Shiksha Mitra Scheme itself it is mentioned that it is not a job oriented scheme. The facts that the appointment of Shiksha Mitra is only for eleven months in a year and it comes to an end automatically on 31st of May of the next year and that Shiksha Mitra Scheme is to serve the society through local youths and in lieu of the same honorarium is provided escaped the attention of the Court while deciding the aforesaid case. All these factors were considered by the other Division Benches taking a different view of the matter. In our considered view, the judgments in the cases of Sheela Yadav and Km. Sonika Verma having rendered de hors the Shiksha Mitra Scheme, do not lay down correct law, there is no analysis of the Shiksha Mitra Scheme.