REKHA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Rekha v. State Of U.P. And Others - WRIT - A No. 32676 of 2007 [2007] RD-AH 12512 (20 July 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition the petitioner has prayed for quashing the order dated  26.5.2007 passed by the District Magistrate by which the selection process for appointment of Shiksha Mitra in Primary Vidyalaya has been cancelled and fresh advertisement has been directed. An advertisement was earlier issued in 2005 in which one Resham  Kumari was selected. Learned counsel for the petitioner submitted  that a complaint was filed that Resham Kumari had not applied for Shiksha Mitra hence he could not have been selected.     The District Magistrate considered  the complaint and directed the District Level Committee to consider.  The District Level committee after hearing the parties cancelled the selection and directed for fresh advertisement.

I have considered the submissions and perused the record.

It is clear that the advertisement was issued  in 2005 and about two years have elapsed and the District Magistrate has directed for fresh selection.  The District Magistrate in directing for fresh selection partly allowed the representation of the petitioner and in fact the  selection of respondent no. 5 has been cancelled.  Substantial justice has been done  by directing fresh selection since more than two years have elapsed. No grounds have been made out for interference Under Article 226 of the Constitution.  It is, however, open for the petitioner to make an application which may be considered in accordance with law.

Subject to above observation the writ petition is dismissed.    

D/-20.7.2007

SCS/32676

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