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Parveen Khatoon v. State Of U.P. Thru' D.M. & Others - WRIT - A No. 37661 of 2007  RD-AH 14068 (16 August 2007)
Hon'ble Ashok Bhushan, J.
Learned standing counsel appears for respondent No. 1. Sri Rajesh Yadav appears for respondents No. 2 and 4. Issue notice to respondents No. 3.
Petitioner's case is that the petitioner was selected as Shiksha Mitra and was working on the post and by order dated2.8.2007 petitioner's approval of Shiksha Mitra has been recalled on the ground that the petitioner's selection was against sub-paragraph (10 ) of Paragraph 3 of the Government order dated 10.10.2005. It has been stated in paragraph 14 of the writ petition that the petitioner's father-in-law has neither been Secretary nor President of the Gram Shiksha Samiti and sub-paragraph (10) of Paragraph 3 of the said Government order is not applicable. It is further submitted by the counsel for the petitioner that no opportunity was given to the petitioner before passing of the order . From perusal of the order it does appear that no notice or opportunity was given to the petitioner.
Considering the facts of the case and the submissions made the petitioner has made out a case for grant of interim order.
Let counter affidavit be filed within four weeks. List thereafter.
In the mean time the order dated 2.8.2007 Annexure-6 to the writ petition shall remain stayed. It will however, be open for the respondent No. 2 to pass fresh order in accordance with law after giving opportunity to the petitioner.
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