( 1 ) THESE writ petitions relate to the selection, appointment and continuance or refusal to do so in respect of the petitioners as "shiksha Mitra" who are Teachers in primary schools under a scheme known as "shiksha Mitra Yojna".

( 2 ) LEARNED Standing Counsel on behalf of the State look a preliminary objection to the maintainability of these writ petitions on the strength of 2 decisions of this Court one by a learned single Judge in Writ Petition No. 15908 of 2003 decided on 15. 4. 2003 and the other in special Appeal No. 547 of 2004 (Smt. Mala Devi v. State of U. P. and Ors.) decided on 17. 5. 2004. The judgment of the learned Single Judge and that in Special Appeal referred to herein above are quoted herein below: civil Misc. Writ Petition No. 15908 of 2003 pradeep Kumar v. Adhyaksh, Gram Shiksha Samiti and Ors.

"heard Sri Rajendra Yadav, Advocate holding brief of Sri K. K. Tripathi learned counsel for the petitioner, Sri V. K. Singh learned counsel appearing for respondent no. 1, Sri K. Sahai learned counsel appearing for respondent No. 2 an 4 learned Standing Counsel appearing for respondent no. 6. The petitioner claims appointment on the post of Shiksha Mitra