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Anil Kumar v. State Of U.P. And Others - WRIT - A No. 32176 of 2007 [2007] RD-AH 12311 (19 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition the petitioner has prayed for quashing the order dated 21.6.2007. The petitioner has earlier filed writ petition No. 14868 of 2007 challenging the selection of respondent no. 5 as Shiksha Mitra.

Petitioner's case in the writ petition is that the respondent no. 5 is not resident of Gram Panchayat  Kunwarpur hence he was not eligible to be selected as Shiksha Mitra for Gram Panchayat Kunwarpur.  Respondent no. 5 was selected  having 62 % index  while the petitioner was having 59.8 % index. In pursuance of the order dated 20.3.2007 passed by this Court in writ petition No. 14868 of 2007, the District Magistrate has considered and rejected the representation of the petitioner.  A finding has been recorded by the District Magistrate on the basis of the report submitted by the Sub Divisional Magistrate, Bilhaur, District Kanpur Nagar in which Sanjay Singh  respondent no. 5 has been shown as resident of village Kunwarpur.  In view of the finding recorded by the respondent no.2 that the respondent no. 5 is resident of Kunwarpur, there is no error in the selection.  Learned counsel for the petitioner has referred to  Annexure-3 to the writ petition which is Panchayat Nawawali, 2005 in which the name of respondent no. 5 was shown in Makkahan Singh Nagar, (Shivrajpur) District Kanpur Nagar. The report of the Sub Divisional Magistrate, Bilhaur was called for which was submitted holding the respondent no.5 originally resident of Gram Panchayat Kunwarpur.  Thus the certificate of residence  was also issued by the Sub Divisional Magistrate, Bilhaur which was verified.

In above view no error has been committed by the District Magistrate in rejecting the representation of the petitioner.  The writ petition lacks merit and is dismissed.      




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