Neutral Citation No. - 2025:AHC:145020 Court No. - 52 Case :- WRIT - A No. - 3840 of 2012 Petitioner :- Kewala Singh And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Anil Kumar Srivastava,Dinesh Kr. Chaubey,P.K. Singh Counsel for Respondent :- Anuj Kumar,Archana Singh,B.R. Maurya Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Shri Hari Shankar Chaurasiya, Advocate holding brief of Shri Anil Kumar Srivastava, learned counsel for the petitioners and learned Standing Counsel for State-respondents and perused the records. 2. The present petition has been filed with a prayer for quashing of the order dated 12.11.2011 by means of which the petitioners have been terminated from their services (Shiksha Mitra) and further prayer to direct the respondents to not interfere in the peaceful functioning and teaching of the petitioners from their Primary School and release the salary month by month in favour of the petitioners. 3. Learned counsel for the petitioners submits that the petitioners were selected on the post of Shiksha Mitra in the year 2008 in accordance with the procedure prescribed. After completion of three and half years, on the basis of complaint, an inquiry was conducted and without giving any notice or opportunity the services of the petitioners' as Shiksha Mitra have been terminated. Learned counsel for the petitioners contends that the impugned order has been passed in a mechanical way and without any proper inquiry, therefore the same is bad in the eyes of law. 4. Learned Standing Counsel submits that the petitioners were wrongly selected on the post of Shiksha Mitra by Gram Shiksha Samiti, therefore, they are not entitled for the relief as prayed for. He has relied upon some paragraphs of counter affidavit, which is filed by respondent no. 3, Zila Basic Shiksha Adhikari, Sonbhadra. For reference relevant portion of the same are reproduced hereinafter:- "4. That the resolution of Gram Shiksha Samit Gram Panchayat Jugail Block Chopan District Sonebhadra has been passed on 10.10.2006 for selection of vacant post of Shiksha Mitra First in Parishadiya Vidyalaya of Patawa Tola, Hasara, Baheradad, Jugail and Jorwa and numbers of 22 application of the candidates were produced before District Selection Committee except these three applications were directly obtained to the District Selection Committee. 5. The petitioners as Scheduled Caste have submitted their applications for five posts but the Gram Shiksha Samiti selected the petitioners without creation of the post while their quality point marks are lowest. 6. That after receiving the complaint the matter was examined and found the selection of the petitioners false." 5. He next submits that the aforesaid fact has not been rebutted in the rejoinder, as filed by the petitioners. 6. Taking note of the aforesaid submissions, advanced by learned counsels for the parties, as well as in view of settled position of law, no opportunity of hearing or inquiry is required in the cases of fraud. Accordingly, the instant petition is dismissed. Order Date :- 22.8.2025 Saurabh WRIA No. 3840 of 2012 2 Digitally signed by :- SAURABH High Court of Judicature at Allahabad