Dharma Devi vs State of U.P. and Others

Heard the learned counsel for the appellant

Sri Lakshman Singh and Sri Anuj Kudesia for the State.

Admittedly, at the time of applying for the post of Shiksha Mitra, the appellant was holding the office of the Member, Gram Panchayat and was thus, not eligible for applying for the said post in terms of the advertisement dated 2.6.07 and particularly Clause7 of the Government Order dated 16.12.03.

The appointment of the appellant has been cancelled after observing that she was not eligible for the said post.

Learned counsel for the appellant has submitted that on 23.7.07, the appellant was issued the appointment order on the post of Shiksha Mitra and on 26.7.09, she had resigned from the Membership of the Gram Panchayat and, therefore, appointment could not have been cancelled.

The Condition No. 11 in the advertisement clearly provided that on the date of application, the applicant should not be holding any office in the Panchayat, like the member of Gram Panchayat.

Since the appellant was not eligible for applying and even on the date of her appointment as she was the Member of the Gram Panchayat, if her appointment has been cancelled, she cannot raise any grievance.

The view taken by the learned Single Judge relying upon the Government Order dated 16.12.03 (Para7) cannot be faulted with and the same does not suffer from any error.

The special appeal is dismissed.