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Smt. Chhaya Mishra v. State Of U.P. & Others - WRIT - A No. 14746 of 2007  RD-AH 4924 (20 March 2007)
Court No. 39
Civil Misc. Writ Petition No. 14746 of 2007
Smt. Chhaya Mishra
State of U.P. and others
Hon'ble V.K. Shukla, J.
Petitioner has approached this Court for issuing a writ in the nature of certiorari quashing the selection proceeding dated 23.11.2006 for the post of Shikshamitra for primary school Bashbariwa, P.O. Hathi Bazar, District Varanasi.
Petitioner has contended that advertisement was published on 26.10.2005 for making selection and appointment on the post of Shikshamitra for primary school Bashbariwa, P.O. Hathi Bazar, District Varanasi. Petitioner has further contended that she had functioned as Anudeshak since June, 1992 upto May, 1994, and was fully eligible for being appointed as Shikshamitra. Petitioner submits that she had applied, but her application form was not shown in the list of applications due to enmity with the Pradhan of the village. Petitioner has contended that her claim has been ignored and the candidate with less merit has been selected and appointed. Petitioner has stated that ignoring her claim Smt. Sushma Mishra has been selected. At this juncture present writ petition ha been filed.
Advertisement in question reflects that the incumbent who intends to apply for consideration of his/her claim, he/she will have to get his/her application form received by the Principal/Secretary, Gram Shiksha Samiti and obtained receipt in lieu thereof, and after the last date no application is to be accepted. It has also been provided for that in case application form is not accepted by the Principal/Secretary, Gram Shiksha Samiti, then said application can be got received at local Block Sansadhan Kendra and receipt is to be obtained in lieu of the same. It has been further provided that in case still there is any difficulty, then complaint can be made. Petitioner has contended that she had deposited her application, but no receipt was issued. Claim set up by petitioner cannot be said to be correct. It has been clearly mentioned that receipt has to be obtained in lieu of submitting application form and various remedies have been provided for in the event of application form not being accepted. Here, within the time provided for, neither application form had been deposited nor had complaint been made, as such there is no occasion for the petitioner to raise any grievance.
Writ petition lacks substance and the same is dismissed.
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