IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1752 of 2005 (S/S) Surjeet Singh S/o Shri Amar Singh R/o Village Salmatta Tehsil /Block Sitarganj District Udham Singh Nagar. …………….. Petitioner Versus 1. State of Uttaranchal through Secretary Education, Dehradun. 2. Basic Shiksha Adhikari, District Udham Singh Nagar. 3. Up Khand Shiksha Adhikari Vikas Khand Sitarganj. ………….. Respondents Mr. R.S. Sammal, Advocate for the petitioner. Mr. N.P. Sah, Brief Holder for the respondents State. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioner and learned Brief Holder for the respondent State. 2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus directing the respondents to appoint the petitioner as trained Shiksha Acharya in Primary School Khamaria, Block Sitarganj, District Udham Singh Nagar. 3) Brief facts of the case are that under Education Guarantee Scheme, an Education Guarantee Center was opened in Salmatta, in March 2004. The petitioner was appointed as Shiksha Acharya in said Center. The petitioner performed his duties to the best of his abilities, which increased the strength of the students in the Education Center. It is further pleaded in the writ petition that the petitioner is a local resident, who has undergone the required training in District Education and Training Institute, and was qualified to be appointed as Shiksha Acharya. The Education Guarantee Center, Salmatta was periodically inspected by the Block Co-ordinator and the Sankul In-charge, who after considering the success of the Center, upgraded it as primary school w.e.f. Ist of July 2005. The petitioner’s contention is that after the Center was upgraded as primary school, he should have been appointed as Shiksha Mitra in the primary school. Alleging that the petitioner’s claim is illegally ignored, the writ petition is filed. 4) On behalf of the respondents a counter affidavit has been filed in which it is admitted that as per the Education Guarantee Scheme, an Education Guarantee Center was opened in Salmatta, in the year 2004. It is also admitted in the counter affidavit that said Center was upgraded as primary school w.e.f. Ist of July 2005. It is also admitted by the respondents that the petitioner is a trained teacher, who was appointed as Shiksha Acharya in the Education Guarantee Center at Salmatta. However, it is pleaded by the respondents in their counter affidavit that there is no Government Order which entitles Shiksha Acharya to be appointed as Shiksha Mitra, after upgradation of the Education Guarantee Center to primary school. 5) In the rejoinder affidavit, a copy of the Government Order No. 433/XXIV(1) / 2006-16 / 2004 Shiksha Anubhag-I (Basic) dated Dehradun 17th May 2006, is filed as Annexure R.A. 1. Said Government Order clearly provides that Shiksha Acharya and Shiksha Anudeshak working in Education Guarantee Centers, which are upgraded to primary schools, shall automatically become Shiksha Mitra. It is further provided in said Government Order that if any Shiksha Acharya or Shiksha Anudeshak is not Graduate, he shall be given two years time to complete his graduation. 6) In view of the Government Order dated 17th of May 2006, mentioned above, this writ petition is disposed of with the direction that the petitioner shall make a representation, within fifteen days from today, to the authorities concerned, who shall consider his representation within a period of one month thereafter, in the light of the Government Order No. 433 / XXIV(1) / 2006-16 / 2004 Shiksha Anubhag-1 (Basic) dated 17th of May 2006, for his appointment on the post of Shiksha Mitra in the Primary School, Salmatta, Block Sitarganj, District Udham Singh Nagar. (Prafulla C. Pant, J.) Dt. January 03, 2008. H.Negi