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Allahabad High Court · body

2007 DIGILAW 1175 (ALL)

REEMA CHAUBEY v. STATE OF U. P

2007-04-25

V.K.SHUKLA

body2007
( 1 ) SMT. Reena Chaubey, had earlier approached this Court by preferring Civil Misc. Writ Petition No. 54404 of 2006 complaining therein that she ought to have been appointed as Shiksha Mitra after the candidature of Jai Prakash Singh Yadav had been rejected as she is number one in merit thereafter as such it was she who was entitled to be offered appointment. This Court gave liberty to petitioner to represent before District Magistrate and thereafter District Magistrate, has proceeded to decide the matter on 20. 01. 2007 against which present writ petition has been filed. ( 2 ) SRI Sunil Kumar Singh, Advocate, appearing for petitioner contended with vehemence that in the present case there were two posts of Shiksha Mitra, one post for village Kataya and second post for village Baskhari and as petitioner was placed at the top of the merit list, as such in all eventuality appointment ought to have been offered to her, as such her candidature has been metted with arbitrary treatment. ( 3 ) FROM the side of the respondents it has been contended that rightful view has been taken and no interference is required in the same. ( 4 ) AFTER respective argument have been advanced, factual position which is emerging is to the effect that for Primary School Kataya name of Nand Lal Ram and Km. Priyanka Rai have been finalized and for Primary School Baskhari name of Jai Prakash Singh Yadav has been finalized. After said resolution has been passed one Km. Sandhya Rai has made complaint that last date for submitting application form was 15. 11. 2005 and by the said date only 10 application form has been received and after expiry of the said date the Secretary/headmaster has illegally accepted the application form of Jai Prakash Singh Yadav and Reena Chaubey and included their name and on this aspect of the matter inquiry was got conducted by the Sub-Divisional Magistrate and thereafter averments made in the application were found to be true and in this background directives have been issued for selection of Km. Sandhya Rai D/o Sri Vinod Kumar Rai who had the highest merit and the candidature of Jai Prakash Singh Yadav has been withheld. Sandhya Rai D/o Sri Vinod Kumar Rai who had the highest merit and the candidature of Jai Prakash Singh Yadav has been withheld. ( 5 ) EVEN otherwise in the present case manipulation is writ apparent, as advertisement clearly provides that receipt of application form shall be given in prescribed format and on the same seal should be there. Xerox copy of the receipt of application form of the petitioner has been filed at page no. 20 of the paper book and same does not bear any seal on the said receipt, as such said receipt is not at all in order as provided in the advertisement. Apart from this selection proceedings have also been appended and therein at item no. 3 name of Jai Prakash Singh Yadav, has been shown to be selected candidate for Primary School Kataya and Km. Reen Chaubey as selected for Primary Schools Baskhari. Pleadings of the petitioner are altogether on different line and the record in question produced by her are altogether on different line. Once this is the position, then the view which has been taken by District Magistrate cannot be said to be invalid or incorrect. ( 6 ) CONSEQUENTLY, writ petition lacks substance and same is dismissed. .