Hon’ble Dilip Gupta, J.—The dispute in this Special Appeal is about the appointment of Shiksha Mitra. The petitioner-appellant had admittedly obtained higher quality point marks and had been selected as Shiksha Mitra but the representation filed by a candidate who had worked for longer period as Anudeshak was allowed by the District Magistrate by the order dated 16th October, 2006 solely on the ground that he was entitled to be given preference over the petitioner-appellant. The learned Judge dismissed the Writ Petition holding that the issue had been decided by a learned Judge of this Court in Writ Petition No. 53541 of 2006, Shravan Kumar Yadav v. State of U.P. and others, decided on 26th September, 2006.

2. We have heard Sri N.L. Pandey, learned counsel appearing for the petitioner-appellant, learned Standing Counsel appearing for respondent Nos. 1, 2 and 3, Sri Anuj Kumar for respondent No. 4, Sri A.K. Singh for respondent No. 5 and Sri S.K. Anwar for respondent No. 6.

3. Learned counsel for the appellant submitted that Shiksha Mitras have to be appointed on the basis of the quality point marks awarded to them in accordance with the criteria laid down in the Government