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Allahabad High Court · body

2007 DIGILAW 2023 (ALL)

FAKHARUDDIN. v. STATE OF UTTAR PRADESH

2007-08-02

ASHOK BHUSHAN

body2007
JUDGMENT Hon’ble Ashok Bhushan, J.—Heard Counsel for the petitioner and Sri K.S. Kushwaha appearing for the respondents. Both the Counsels have prayed that looking to the nature of dispute in the writ petition, the writ petition itself be disposed of finally. 2. By this writ petition, the petitioner has prayed for a writ of mandamus directing the respondent authorities to give the experience certificate to the petitioner in academic session of 2004-05, 2005-06, 2006-07 and 2007-08. 3. Petitioner’s case in the writ petition is that petitioner was engaged as Shiksha Mitra and has worked in three academic sessions as Shiksha Mitra. He possesses the degree of B.Ed. also. By Government order dated 10th July, 2007 those Shiksha Mitras, who have worked for three years, are eligible to apply in category of Shiksha Mitra. 4. Learned Counsel for the petitioner contended that the requirement of experience of three years as Shiksha Mitra is not correct and the experience ought to have been required for working as Shiksha Mitra in three academic years. The petitioner’s Counsel contended that respondents be directed to treat the experience of three academic years as experience of three years as required in the Government order and the advertisement. 5. The engagement of Shiksha Mitra has been enforced by Government order dated 26th May, 1999. The Government order contemplates engagement of Shiksha Mitra for current academic year and was automatically come to an end on 31st May. The engagement of Shiksha Mitra is renewable for the next academic year and the Shiksha Mitra, if renewed, can continue from one academic year to next academic year. The engagement of Shiksha Mitra being for academic year, three years experience as contemplated in the Government order dated 10th July, 2007 has to be experience of Shiksha Mitra in three academic years. A Shiksha Mitra does not work from 1st January to 31st December in a calendar year, rather his working is in the academic year ending on 31st May. 6. Sri K.S. Kushwaha, learned Counsel for the respondents, has also fairly submitted that in case a Shiksha Mitra has experience of three academic year, his experience has to be treated to be satisfying the three years experience as required in the Government order dated 10th July, 2007. 7. 6. Sri K.S. Kushwaha, learned Counsel for the respondents, has also fairly submitted that in case a Shiksha Mitra has experience of three academic year, his experience has to be treated to be satisfying the three years experience as required in the Government order dated 10th July, 2007. 7. Considering the submissions made by learned Counsel for the parties, ends of justice be served in disposing of the writ petition directing the respondents to treat the experience of Shiksha Mitra of three academic years as fulfilling the requirement of three years experience in the Government order dated 10th July, 2007 as well as the advertisement issued by the Principal, District Institute of Education and Training. The writ petition is disposed of accordingly. ————