2014 LAB. I. C. 963 ::2014 (1) All LJ 79 ::2014 (1) ALJ 79 ::(2013) 7 ADJ 1 (ALL) ::(2013) 100 All LR 462 ::(2014) 1 All WC 756 ::(2013) 4 ESC 1902 ::(2014) 6 ServLR 580

Allahabad High Court

Hon'ble Judge(s): Vineet Saran, Prakash Krishna, Sanjay Misra , JJJ

( A ) Constitution of India Art. 16 — Appointment as Shiksha Mitra — Selection process — Comes to an end only when a person is asked to give his consent on prescribed pro forma to enter into a contract to serve as Shiksha Mitra and not earlier to it. (Paras37)

( B ) Constitution of India Art. 16 , 226 — Appointment as Shiksha Mitra — Select list — Mere fact that petitioners’ names were recommended by village level committee — Would not confer upon them any enforceable right to ask for writ of mandamus — Since mere inclusion of candidate’s name in list does not confer any right to be selected, even if some of the vacancies remain unfilled. (Paras4041)

( C ) Constitution of India Art. 16 — Appointment as Shiksha Mitra — Ban on appointment by Govt.— Names of petitioners included in select list but selection process not completed on date when Govt. order imposing ban was enforced — No status of Shiksha Mitras was conferred on petitioners as admittedly none of them had undergone successful training to become a Shiksha Mitra — Petitioners cannot claim appointment. Spl. Appeal No. 765 of 2011, D/- 09-05-2011 (All), Held per incuriam. 2011 (1) ESC 681, Disting. Spl. Appeal No. 276 of 2011, D/- 18/6/2011 (All) and 2008 (3) ESC 1749 (All), Approved. (Paras5168)