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Virendra Chauhan v. State Of U.P. And Others - WRIT - A No. 40431 of 2006  RD-AH 5180 (22 March 2007)
Court No. 39
Civil Misc. Writ Petition No. 40431 of 2006
State of U.P & others
Hon'ble V,K. Shukla,J.
Petitioner has approached this Court questioning the validity of order dated 16.05.2006 passed by District Magistrate, Azamgarh cancelling the candidature of the petitioner as Shiksha Mitra and directing the Gram Shiksha Samiti to re-examine the matter and thereafter undertake selection proceedings.
Brief background of the case is that selection proceedings were undertaken for making selection and appointment on the post of Shiksha Mitra. In all nine candidates alleged to have applied for consideration of their claim. Application forms of Triveni Chauhan and Munni Lal Chauhan was sought to be rejected on the ground that same was in complete and thereafter in the meeting dated 21.11.2005 name of Virendra Chauhan was finalized for being selected and appointed on the post of Shiksha Mitra. Said recommendation was accepted and forwarded to District Selection Committee and same was accorded approval by the District Selection committee. Aggrieved against the said appointment Triveni Chauhan preferred Civil Misc. Writ Petition No. 17617 of 2006 before this Court and this Court in the aforesaid writ petition on 31.03.2006 asked the District Magistrate, Azamgarh to consider the matter and decide the matter by means of reasoned order. Thereafter District Magistrate has proceeded to pass order which is subject matter of challenge.
Counter affidavit has been filed in the present case on behalf of District Basic Education Officer, Azamgarh and counter affidavit on behalf of contesting respondent no. 5 has been filed through Sri Ranjeet Asthana Advocate as well as counter affidavit on behalf of Headmaster of the institution has been filed and counter affidavit on behalf of respondent no. 4 has been filed through Ashok Kumar Singh Advocate.
Rejoinder affidavit has also been filed to the counter affidavit filed by contesting respondent no.5.
Apart from pleadings exchanged, as directed by this Court original record has also been produced and thereafter with the consent of the parties on the basis of pleadings exchanged inter se parties present writ petition is being heard and finally decided.
Sri Satish Chandra Misra, Advocate, learned counsel for the petitioner contended with vehemence that application form of Triveni Chauhan was incomplete as such his candidature by no stretch of imagination could have been considered and in this background his claim has been accepted and the view which has been taken by the District Magistrate is incorrect view as the District Magistrate has not at all been gone into the question as to whether application form of Traveni Chauhan and Munni Lal Chauhan were complete or not and further District Magistrate has erred by mentioning that in case form was incomplete then it ought to have been got completed as such order passed by the District Magistrate, is liable to be quashed, and writ petition deserves to be allowed.
From the side of the respondents, Sri Ranjeet Asthana, Advocate, Sri K.S. Kushwaha, Advocate and Ashok Kumar Singh Advocate contended that wrongful treatment have been extended to the two incumbents whose application form had not at all considered as such view which has been taken is rightful view and writ petition, as it has been framed and drawn is liable to be dismissed.
After respective arguments have been advanced original record in question has been perused, thereafter the claim of respective parties is being adverted to. Incumbents whose claim has been considered for the post of Shiksha Mitra by Gram Shiksha Samiti their record has been maintained separately and the two incumbents namely Traveni Chauhan and Munni Lal Chauhan whose claim has not been considered their record has been maintained separately. Record of Traveni Chanuhan and Munni Lal Chauhan shows that on the application form Traveni Chanuhan note has been made by Pradhan of the Village, Gram Panchayat and it has been mentioned that on Shahmati Patra,(सहमति पत�?र) there is no signature of members of Gram Shiksha Samiti and there is no mark-sheet of Intermediate examination and on being asked Traveni Chanuhan has not been able to show the same as such application form of Traveni Chanuhan is rejected. Qua Munni Lal Chauhan there is also note of Pradhan of the Village, that there is no certificate of Intermediate Examination and on being asked for Munni Lal Chauhan has expressed is inability as such application his form has been rejected. Most surprising feature is that there is no date mentioned in both this rejection. This aspect of the matter certainly requires inquiry made by the District Magistrate and endeavour ought to have been made by the District Magistrate to answer the said issue after the issue has been raised that application form has been illegally rejected. It has been mentioned by Pradhan of the Gram Panchayat that requisite certificates have not been produced, in spite of asking for as to at what point of time said form has been scrutinized and as to at what point of time Traveni Chauhan and Munni Lal Chauhan were asked to furnish their certificates. All these are essentially question of fact which will clearly expose the Pradhan in case he has found is having committed illegality on the said front District Magistrate, at no point of time has tried to make any meticulous examination, on the aspects mentioned above as to whether Traveni Chauhan and Munni Lal Chauhan had submitted their forms after fulfilling each and every formalities and same has been illegally and arbitrarily rejected by the Pradhan in collusion with others.
True copy of Resolution dated 21.11.2005 has also been perused. Said resolution also apparently shows manipulation, inasmuch as in the second paragraph of said resolution it has been mentioned that these application forms have been received by the Headmaster and the Headmaster has placed the same before the Gram Shiksha Samiti. There is clear cut overwriting in figure 6 and same has been made as 8. Thus it is apparent manipulation which can be seen by naked eyes itself. Apart from this name of these incumbents namely Traveni Chanuhan and Munni Lal Chauhan has been inserted in between paragraphs 2 and 3 of resolution, showing that their form was incomplete, as such same has been rejected. Insertion of said sentence, clearly reflects, primafacie that manipulation has been made in the resolution, at subsequent point of time. Apart from this in the third paragraph primafacie it is apparent that in between word " म�?" and " प�?राप�?त" word "श�?ष" has been inserted. Primafaice manipulation has been made in the resolution of the Gram Shiksha Samiti, and all these important aspect of the matter has to be examined and in case Pradhan of the village alongwith the Headmaster of the institution has proceeded to make manipulation in the resolution of the Gram Shiksha Samiti and has tampered with the resolution of the Gram Shiksha Samiti then certainly criminal offence has been made out for which First Information Report has to be lodged against the aforesaid two incumbents namely Pradhan of the Village and Headmaster of the institution respectively.
In the present case District Magistrate has decided the matter in very casual manner as such order dated 16.05.2006 passed by District Magistrate, Azamgarh is hereby quashed. Matter is remitted back for re-examination of the fact as to whether application form of Triveni Chauhan and Munni Lal Chauhan were complete in all respect or not and as to whether manipulation has been made by the Pradhan of the Village and Headmaster of the institution as well as member of Gram Shiksha Samiti as it is primafacie apparent from perusal of resolution. District Magistrate shall examine all these important aspect of the matter and pass fresh order on the basis of material so adduced. Needless to say that entire exercise be concluded within eight weeks from the date of presentation of certified copy of this order, after offering opportunity of hearing to concerned parties including the Pradhan and Headmaster.
With the above observations/direction present writ petition is allowed and disposed of.
No orders as to cost.
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