IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO. 438 (SS) OF 2006 Meena Negi, D/o Sri Gopal Singh Negi, R/o Village & P.O. Lohali, Block Betalghat, District Nainital. ………………Petitioner. Versus 1. State of Uttaranchal, through the Secretary, Education (Basic), Government of Uttaranchal at Dehradun. 2. Additional District Education Officer (Basic), Nainital. 3. Block Education Officer, Development Block Betalghat, Nainital. 4. Km. Mamta Bhatt, D/o Sri Leela Dhar Bhatt, R/o Village & P.O. Lohali, Block Betalghat, District Nainital. ………………Respondents. Mr. Vinod Tiwari & Mr. Manav Sharma, Advocate for the petitioner. Learned Standing Counsel for the State. Dated: 29.03.2006 Hon’ble Rajesh Tandon, J. Both the parties have agreed that let the writ petition be finally disposed of at the admission stage. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the appointment letter dated 23.01.2006 (Annexure No. 6) issued by the respondent no.3 in favour of the respondent no.4. Further prayer has been made for a writ of mandamus directing the respondents to appoint the petitioner on the post of Shiksha Mitra in Primary School Lohali-II, Village Lohali Block Betalghat, District Nainital. 2. Briefly stated, the petitioner is a permanent resident of Village & Gram Sabha Lohali, Block Betalghat, District Nainital at the time of making application for the appointment of Shiksha Mita and was eligible for the same. 3. In the month of August, 2005, one post of Shiksha Mitra was advertised for Village Lohali, Block Betalghat, District Nainital, which was reserved for women candidate only. 4. Pursuant to the aforesaid advertisement, eight candidates, including the petitioner applied. According to the petitioner out of eight candidates, three were called who were not eligible for the said post. The Gram Shiksha Samiti prepared a comparative Chart of the markes scored by each candidate in different examinations and sent it to Block Shiksha Samiti along with all the applications and other supporting documents submitted by the candidates. Aforesaid list of candidates is quoted below:- Dze la 0 uke vH;FkhZ firk@ifr dk uke 1 Jhefr iq"ik tyky W/o Jh Vhde flag tyky 2 dq0 ehuk usxh Jh xksiky flag usxh 3 Jh fojsUnz flag Jh ukjk;.k flag 4 gjsUnz flag jru flag 5 dq0 eerk HkV~V yhyk/kj HkV~V 6 Jh uhjt usxh xsiky flag usxh 7 Jherh js[kk fc"V W/o Jh nsosUnz flag fc"V 8 Xhrk nkuh Jh [;kyh jke nkuh The grievance of the petitioner is that she was at Serial No. 2 in the merit list, but she has not been given the joining, whereas the person, who was at Serial No. 5 has already given the joining. Petitioner has submitted that in this regard, the petitioner has moved a representation (Annexure No. 8) before the Chairperson, Gram Shiksha Samiti, Lohali, but the same has not yet been disposed of. In view, of the above, the respondents are directed to dispose of the representation of the petitioner in the light of the merit list contained as Annexure 1 to the writ petition within a period of three weeks form the date of presentation of the certified copy of the order. Writ petition is disposed of. No order as to costs. Copy of the order to be given within 24 hours. (Rajesh Tandon, J.) 29.03.2006 Rathour