The main legal point established in the judgment is that contractual appointments, such as the petitioner's appointment as a Shiksha Mitra, are not amenable to protection under Article 226 of the Constitution.

( 1 ) HEARD Counsel for the parties.

( 2 ) THE brief facts of the case are that the petitioner was given appointment by the opposite party no. 4 i. e. The Adhyaksh Shiksha Samlti Gram Panchayat, Naurani, Rampur, district Ambedkar nagar vide order dated 4. 8. 1999. In compliance of the order dated 4. 8. 1999, the petitioner had joined at Prathmik Vidyalaya, Fhidai Ganeshpur and started working. Since the petitioner was not paid his salary, he moved an application dated 31. 12. 1999 to the opposite party No. 4. Since the opposite party No. 4 did not take any steps on the aforesaid application, the petitioner moved an application dated 31. 1. 2000 before opposite party No. 1 i. e. District Basic Education Officer. On the aforesaid application, the opposite party No. 1 wrote a letter dated 21. 2. 2000 to the concerned School Head Master, indicating therein that the appointment of the petitioner is irregular. On receipt of the aforesaid letter, which was received by the Head Master on 24. 2. 2000, the opposite party No. 2 passed an order, which appears to be back dated wherein it has been mentioned that since the appointment is irregular and, as such, the petitioner may be restrained from coming to the College.

( 3 ) BEING aggrieved against the aforesaid action, the petitioner has preferred the instant writ petition on the following reliefs :

" (a) That a writ, order or direction in the nature of certiorari may be issued quashing the order dated 19. 8. 1999 contained in Annexure-6 issued by the opposite party No. 2. (b) That a writ, order or direction in the nature of mandamus may be issued commanding the opposite parties to allow the petitioner to continue in service and to get salary regularly without any effect of the order Annexure-6. (c) That a writ, order or direction in the nature of mandamus may be issued commanding the opposite parties to allow the petitioner his salary from 4. 8. 1999 till date. (d) That the cost of the writ petition may be awarded to the petitioner. (e) That any other writ, order or direction which this Honble Court deems fit and proper in the circumstances of the case may be issued in favour of the petitioner and against the opposite parties. "

( 4 ) MISS Deep Shiksha, learned Standing Counsel states that the State Government had framed a scheme (hereinafter referred to as the Scheme) vide its order dated 26. 5. 1999 for appointment of shiksha Mitra in order to provide education at Primary Level. The procedure for appointment of shiksha Mitra is provided in the aforesaid scheme, which was issued by means of government Order 2604/15-5-99-282/98 dated 26th May, 1999. A perusal of para 1 of the said order, it transpires that the said scheme was initially started for the education session 1999-2000. A perusal of Para 2 of the aforesaid Government Order it transpires that the shiksha Mitra scheme is to be regulated by the District Basic Education Committee and the Shiksha Mitra, who are appointed under the above scheme, are purely on contract basis. A District Level Committee has been constituted at district level with District Magistrate of the concerned district as chairman, District Panchayat Raj Officer being member and District Basic Education Officer being member-cum-secretary. Para 4 of the said order provides that the said committee has been authorised for implementation of the shiksha Mitra scheme in the district. A perusal of Para 3 of the Scheme provides that the Gram Shiksha Samiti shall prepare a list of eligible male and female candidates of the village in which Primary School is situated and in special circumstances when no eligible candidate in the said village is available, then the candidate will be identified in near Nyay Panchayat. According to it, the Gram Shiksha Samiti shall convene a meeting for selection of Shiksha Mitra and shall prepare a list in order of merit of the eligible candidates as per average marks obtained by the candidate in High School and Intermediate Ex