IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 133 of 2010 (S/S) Dinesh Singh Negi S/O Sri Surendra Singh Negi and another. …… Petitioners. Versus State of Uttarakhand through Secretary Education, Uttarakhand Govt., Dehradun and others. … Respondents. Mr. G.S.Negi, Advocate, learned counsel for the petitioners. Mr. K.C.Tiwari, learned Brief Holder for the State-respondents. Date July 05, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioners have sought a writ in the nature of mandamus directing the respondents to appoint the petitioners on the post of Shiksha Mitra in their schools in pursuance to the Government Orders dated 28-6-2006, 15-12-2006 and 21-8-2007. The petitioners have also sought a writ of mandamus directing the respondents to pay the salary/honorarium to the petitioners on the post of Shiksha Mitra in pursuance to the Government Orders from the date of upgradation of their Education Guarantee Centre to Primary Schools. According to the petitioners, they were appointed as Shiksha Acharya from 1-7-2006 and they are fully eligible for adjustment on the post of Shiksha Mitra. The petitioners claim that by Government Order dated 28-6-2006, the Shiksha Acharya or Shiksha Anudeshak, who were working in a particular education guarantee center would be automatically deemed to have got the status of Shiksha Mitra on the center being upgraded to Primary School and will get a sum of Rs. 4000/- per month as honorarium. The candidates would be required to complete graduation within a period of three years as per G.O. dated 28-6-2006. Petitioners 2 claim to have possessed graduation degree in the year 2009. The petitioners also claim that as per G.O. dated 15-12-2006, in the upgraded primary school, one of the post of Shiksha Mitra will be made available to the Shiksha Acharya/Anudeshak already working in the said Education Guarantee Centre. The grievance of the petitioners is that the petitioners are not being given the benefit of Government Order dated 28-6- 2006 and 15-12-2006 as well as G.O. dated 21-8-2007 and they had not been paid any salary after the up-gradation of the Education Guarantee Centre as Government Primary School. Counter affidavit has been filed on behalf of the respondents. It is stated in paragraph no. 3(v) as under:- “3(v) That it is pertinent to state here that before upgradation of the said EGS centers as Primary Schools, the State Project Directorate vide letter No. 2347/P.S./2007-08 dated 9/2/2008 issued directions that no appointments process shall be initiated for engagement of Shiksha Acharya on the post of Shiksha Mitra in the upgraded Education Guarantee Centres. Subsequently, the State Government has issued a Govt. Order No. 115/XXIV(1)/2008-16/2004 dated 14/2/2008, superseding and modifying the earlier Govt. Orders dated 28/6/2006 & 15/12/2006 on the basis of which the petitioners are claiming benefit. In the said Govt. Order dated 14/2/2008 it has clearly been provided that only those working Shiksha Acharya should be engaged as Shiksha Mitra, who fulfils the minimum required eligibility of the engagement as Shiksha Mitra and further who are duly selected by the Village Education Committee. Since, the petitioners were not fulfilling the required eligibility; they were not selected as Shiksha Mitra on the date of upgradation of the EGS centers i.e. 31/3/2008. Copy of the letter dated 9/2/2008 of the State Project Directorate and the Govt. Order dated 14/2/2008 are being annexed as Annexures CA-2 & CA-3 respectively to this affidavit.” In view of the Government Order dated 14-2-2008 the earlier Government Orders were superseded and the qualification and it was required that the candidate who was working as Shiksha Acharya or instructor (Shiksha Anudeshak) should possess the requisite qualification i.e. graduation degree for being appointed Shiksha Mitra. In the earlier Government Order Government Order dated 15-5-2006, it was provided that the Shiksha Acharya and Instructors, who do not possess graduation degree shall have to 3 obtain the same within a period of two years. Subsequently by Government Order dated 28-6-2006, the period for obtaining the graduation decree was extended upto three years instead of two years. Admittedly, the petitioners were not having graduation degree as per Government Order dated 14-2-2008, therefore, the recommendations made in their favour by the Village Education Committee for being appointed as Shiksha Mitra as late as in July 2009 is of no avail. In the above facts and circumstances, I find that the petitioners were not having the eligibility qualification i.e. graduation degree on the relevant date. Therefore, their names could not have been recommended by the Village Education Committee for their appointment as Shiksha Mitra for non- fulfillment of qualification as per Government Order dated 14-2- 2008. The writ petition being devoid of merit is liable to be dismissed. The writ petition is dismissed. The interim order dated 5-3-2010 passed by this Court is vacated. It is made clear that for the period the petitioners had worked as Shiksha Mitra in pursuance of the interim order dated 5-3-2010 passed by this Court, the petitioners shall be entitled to get the honorarium. The respondents are directed to pay the honorarium for the period the petitioners had worked as Shiksha Mitra. ( B.S.Verma, J. ) RCP