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POORAN DEVI AND POONAM DEVI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Pooran Devi And Poonam Devi v. State Of U.P. And Others - WRIT - A No. - 63709 of 2006 [2007] RD-AH 14774 (31 August 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 12

Civil Misc. Writ Petition No. 63709 of 2006

Pooran Devi

Vs.

State of U.P. & others

Hon'ble Sudhir Agarwal, J.

Heard Sri Chandra Kumar Rai, learned counsel for the petitioner, learned standing counsel for the respondents 1, 2, and 3 and perused the record.

The writ petition is directed against the order dated 29.8.2006 passed by District Magistrate, Aligarh rejecting representation of the petitioner against non consideration of her application for appointment to the post of Shiksha-Mitra in primary school under Gram Panchayat Karhala Gaurava, district Aligarh.

It is not disputed that the petitioner is a married woman to one Sri Jagdish Singh, who is resident of village Akarawat. This fact is admitted by the petitioner in para-3 of the writ petition also. The District Magistrate has taken the view that after marriage of the petitioner, she is resident of the place of her husband and, therefore, she could not have been considered to be eligible for the appointment to the post of Shiksha-Mitra in the aforesaid institution and, therefore, his application has rightly been rejected by the village Shiksha Samiti. In the present writ petition also, the petitioner has not disputed this fact that she is married with Sri Jagdish Singh, son of Bhola Shanker, resident of village Akarawat, Block Khan, District Aligarh, but it has been contended that she is presently residing at the place of her parents at village Karhala Gaurava, Police Station Gonda, Tahasil Koal, District Aligarh and to this effect a certificate of residence has also been issued by the Deputy Collector, Koal, District Aligarh on 2.11.2006 a copy whereof has been placed on record as Annexure-1 to the writ petition and on the basis thereof, it is contended that the petitioner is entitled to be considered for appointment on the post in question. From the certificate, it is evident that the petitioner while applying before the District authorities appears to have not disclosed that she is a married woman. In the present writ petition also, she has mentioned herself as Pooran Devi, Daughter of Sri Kripal Singh though in the entire writ petition, it is not her case that she has been divorced by her husband or there is any judicial separation justifying her present residence at her parents' place and not at the husband's place. It is matter of common knowledge that a lady after her marriage normally resides at the place of her husband and she has also some statutory rights under personal laws to stay at the residence of her husband and therefore cannot claim that she should be treated to be a resident of her parents' place instead of husband's place even after her marriage.

In this view of the matter, I do not find any error apparent on the face of record committed by the District Magistrate in the impugned order rejecting claim of the petitioner for considering her for appointment to the post of Shiksha-Mitra in the institution in question.

The writ petition, therefore, lacks merit and is, accordingly, dismissed.

Dt. 31.8.2007

PS


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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