By the Court.—The petitioner/appellant has filed the present Special Appeal against the Judgement and Order dated 2.2.2009 passed by the learned single Judge dismissing Civil Misc. Writ Petition No. 2367 of 2009 filed by the petitioner/appellant (Smt. Indu Maurya).

2. It appears that an advertisement dated 26.10.2005 was published in the newspaper dated 27.10.2005 inviting applications for appointment of Shiksha Mitra in the District Ballia for the academic session 2005-06 in respect of various Primary Schools, including two posts of Shiksha Mitra at Primary School, Lavkara, District Ballia. Copy of the said Advertisement dated 27.10.2005 appears at page 76 of the Paper Book of the Special Appeal.

3. The Gram Shiksha Samiti, Gram Panchayat, Lavkara prepared a merit list including the names of only three applicants viz., Smt. Indu Maurya (petitioner/appellant herein), Smt. Suman Kushwaha and Shri Prem Chandra Arya, and sent the proposal for selection of Smt. Indu Maurya and Smt. Suman Kushwaha to the District Level Committee for approval. Copy of the proceedings of the meeting of the Gram Shiksha Samiti held on 31.12.2005 appears at page 79 of the Paper Book of the Special Appeal.

4. It appears that as various objections were received in respect of the selection of Shiksha Mitra in the District Ballia, the District Magistrate, Ballia by the Order dated 1.6.2007 constituted a sub-Committee. Copy of the said Order dated 1.6.2007 appears at page 82 of the Paper Book of the Special Appeal.

5. It further appears that one Smt. Sudha Tiwari submitted her Objections dated 13.6.2007 before the sub-Committee, inter alia, stating that even though her application had already been submitted for appointment as Shiksha Mitra but the same was not sent by the Gram Shiksha Samiti to the District Level Committee. Copy of the said Objections dated 13.6.2007 submitted by Smt. Sudha Tiwari appears at page 84 of the Paper Book of the Special Appeal.

6. It appears that the sub-Committee concerned took note of the said Objections submitted by Smt. Sudha Tiwari and included the application of Smt. Sudha Tiwari while considering the proposal sent by the Gram Shiksha Samiti in respect of the three applications viz., Smt. Indu Maurya (petitioner/appellant herein), Smt. Suman Kushwaha and Shri Prem Chandra Arya, and thereafter, sent its recommendation to the District Level Committee recommending the names of Smt. Sudha Tiwari and Smt. Indu Maurya (petitioner/appellant herein) for appointment on the aforesaid two posts of Shiksha Mitra. Copy of the recommendations dated 1.4.2008 appears at page 91 of the Paper Book of the Special Appeal.

7. It appears that the above recommendation made by the sub-Committee was approved by the District Level Committee, and accordingly, the Visheshagya Basic Shiksha Adhikari, Ballia issued appointment letter dated 25.8.2008 appointing Smt. Indu Maurya (petitioner/appellant herein) on the post of Shiksha Mitra. Copy of the appointment letter dated 25.8.2008 appears at page 97 of the Paper Book of the Special Appeal.

8. It further appears that in the meantime, the petitioner/appellant filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 61255 of 2007 regarding no follow-up action being taken in respect of the appointment on the post of Shiksha Mitra. This Court by the order dated 13.12.2007 disposed of the said Writ Petition, giving liberty to the petitioner/appellant to make representation before the District Magistrate concerned, and the District Magistrate concerned was required to look into the grievance of the petitioner/appellant and pass an order within the period, mentioned in the said order dated 13.12.2007. Copy of the Order dated 13.12.2007 appears at page 87 of the Paper Book of the Special Appeal.

9. Pursuant to the said order dated 13.12.2007 passed by this Court, the District Magistrate, Ballia considered the matter, relating to the aforesaid appointment on the post of Shiksha Mitra.