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Judgment
Dr. Satish Chandra, J.
Heard Sri R. K. Mishra learned counsel for the petitioner in writ petition No. 7641 (S/S) of 2009; Sri D. C. Mukharjee learned counsel for the petitioner in writ petition No. 43 (S/S) of 2008 and the learned Additional Chief Standing Counsel for the opposite parties.
Sri D. C. Mukharejee learned Counsel for the petitioner submits that the instant writ petition is pertaining to the appointment on the post of Shiksha Mitra. Smt. Shamim Bano was selected and recommended for the post of Shiksha Mitra in Primary School Utraula on 22.01.2005. Later on, on the basis of the order dated 18.10.2007 passed by the Sub Divisional Officer, the District Basic Education Officer, Balrampur by his order dated 06.12.2007 removed Smt. Shamim Bano from the post in question and at present she is not in service.
Sri Raj Kumar Mishra learned counsel for Smt. Seema Srivastava also submits that Smt. Seema Srivastava was in the waiting list for the post of Shiksha Mitra and if the appointment of Smt. Shamim Bano was cancelled, then appointment should be given to Smt. Seema Srivastava.
On the other hand, the learned Additional Chief Additional Counsel for the opposite parties submits that the appointment for the post of Shiksha Mitra is to be made on the basis of each academic session. The appointment was made originally for the academic session 200506. The same was extended in the case of Smt. Shamim Bano and she was removed from the services vide order dated 06.12.2007.
By considering the totality of the facts and circumstances of the case, it appears that the academic session is over for which the claim of the petitioners was made for the post of Shiksha Mitra. Now a fresh appointment will have to be made for the academic session 20102011. Thus, both the writ petitions have become infructuous.
However, it is provided that if the petitioners will apply again for the academic session 20102011, the competent authority will also consider their candidature in accordance with law.
In view of the above, the writ petition is dismissed being infructuous.