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Suresh Prasad v. Zila Adhikari Kushinagar And Others - WRIT - A No. 15641 of 2007 [2007] RD-AH 5258 (23 March 2007)


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Court No. 39

Civil Misc. Writ Petition No. 15641 of 2007

Suresh Prasad


Zila Adhikari, Kushinagar & others

Hon'ble V,K. Shukla,J.

Sunita Bharti, claims that she had applied for consideration of her claim for being appointed as Shiksha Mitra. It has further been contended that post in question was reserved for female category candidate but candidature of female category candidates have been ignored and male incumbent has been appointed. Civil Misc. Writ Petition No. 35127 of 2006 had been preferred by Smt. Sunita Bharti, and this Court on 10.07.2006 asked the District Magistrate, Kushinagar, to look into the matter and decide the same. District Magistrate, Kushinagar thereafter has considered the matter and has accepted the claim of Smt. Sunita Bharti and cancelled the claim of the petitioner. At this juncture present writ petition has been filed.

Learned counsel for the petitioner Virendra Prasad, contended with vehemence that at no point of time any female category candidate had ever  applied as such rightful recommendation has been made in favour of petitioner and the view which has been taken by the District Magistrate, Kushinagar is totally incorrect view and same is liable to be quashed.

Sri Babu Lal., Advocate, representing contesting respondent no. 4, Sri V.K. Singh, Sri R.K. Srivastava, Advocate representing other respondents contended with vehemence that categorical finding of fact has been returned that claim of the female candidates have been ignored by changing resolution as such no interference is warranted.

After respective arguments have been advanced, factual position which is emerging is to the effect that post of Shiksha Mitra was reserved for female category candidate. Petitioner claims that only two male candidates had applied and on the basis of merit petitioner's claim has been accepted. District Magistrate, on inquiry has found that in all seven applications from have been received which comprised of five female category candidates. District Magistrate, has recorded finding of fact that resolution was passed by the Gram Shiksha Samiti wherein name of five female category candidates and one male category candidate was shown. It has been found that in order to extend undue benefit to Suresh Prasad large scale manipulation has been made and thereafter on the basis of being instructor against the said reserved post for female category candidate male candidate has been appointed. Once this categorical finding of fact has been returned and said finding of fact is neither perverse nor unreasonable, then this Court can not proceed to re-appreciate the evidence and take altogether different view than view which has been taken by the competent authority.

Consequently, writ petition lacks substance and same is dismissed.

Dated: 23rd March 2007



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