IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 202 of 2009 (S/S) Badri Dutt Gahtori Son of Sri Yashodhar Gahtori, Resident of Lara Raulamail, P.O. Jhureli, District Champawat. …… Petitioner. Versus State of Uttarakhand, through Secretary Education, Dehradun and three others. … Respondents. Mr. K.N.Joshi, Advocate, learned counsel for the petitioner. Mr. K.C.Tiwari, Brief Holder for the State-respondents. Date July 13, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a wsrit in the nature of mandamus directing the respondents to attach/transfer the petitioner as Shiksha Mitra from Education Guarantee Centre Lara to Primary School Batuliya or any other primary school. Petitioner has also prayed for writ of mandamus directing the respondents to pay the salary/honorarium to the petitioner on the post of Shiksha Mitra as per Government Order dated 28-6-2006. According to the petitioner, the petitioner was selected as Acharya in the Education Guarantee Centre Lara, District Champawat in the year 2003 and on 17-5-2005 again, Village Education Committee recommended the name of the petitioner for the post of Shiksha Acharya. 2 In view of the Government Order dated 28-6-2006 and G.O. dated 15-12-2006,the petitioner is eligible for the post of Shiksha Mitra. It appears that Education Guarantee Centre Lara was upgraded to Primary School vide resolution dated 29-5-2006 passed by the District Basic Education Committee. The petitioner claims to have been possessing post graduate qualification. The petitioner also claims that the Shiksha Acharya/Shiksha Anudeshak who have been working have been appointed as Shiksha Mitra automatically in the schools, which were upgraded to Primary Schools. The petitioner was selected Shiksha Mitra in the Education Guarantee Centre Lara on 2-9-2006. The Village Education Committee could not construct the school building of Primary School Lara. The District Project Officer/Additional District Education Officer (Basic) Champawat vide order dated 5- 10-2007 cancelled the up-gradation of Primary School Lara and in its place the Education Guarantee Centre Batulia was upgraded as Primary School. Lara School remained as Education Guarantee Centre as before. It has been stated in paragraph no. 6 of the counter affidavit that after cancellation of up-gradation of E.G.C. Lara, the petitioner could not claim to be appointed in any other Centre as Shiksha Mitra and there is no provision to transfer the petitioner to other schools. It has also been stated that the Education Guarantee Centre Lara was also closed due to non-availability of students in the year 2007-08. I have heard learned counsel for the parties and perused the record. 3 The prayer sought in the writ petition cannot be granted to the petitioner for the simple reason that the school which was up-graded to Primary School was converted into Education Guarantee Centre after cancellation of up-gradation and the Centre itself was closed for non-availability of students in the year 2007- 08, therefore, the petitioner cannot claim any right to be appointed as Shiksha Mitra in any other school on the ground that he was once selected as Shiksha Mitra in the upgraded centre at Lara. In the above facts and circumstances, the writ petition preferred by the petitioner is devoid of merit and is liable to be dismissed outright. The writ petition is dismissed. However, the petitioner may make a representation to the competent authority, if he is eligible to be appointed as Shiksha Mitra in any other school. ( B.S.Verma, J. ) RCP