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Smt. Anita Devi v. State Of U.P. And Others - WRIT - A No. 1578 of 2007  RD-AH 718 (11 January 2007)
Hon'ble V.K. Shukla,J.
Learned counsel for the petitioner is permitted to implead Sub-Divisional Magistrate, Koraon, as respondent no. 6 in the array of respondent forthwith.
Contention of the petitioner is that Smt. Phool Kali Devi, respondent no. 5 has succeeded in procuring appointment on the post of Aanganbari Karayatri by getting income certificate showing her to be from below poverty line category. Petitioner has contended that said income certificate is procured one and far away from truth. Petitioner has further contended the moment aforesaid certificate is ignored it is petitioner who is to be offered appointment on the basis of merit.
As to whether Smt. Phool Kali Devi, respondent no. 5 has procured income certificate by furnishing correct or incorrect facts is the essentially question of fact and the same can be very well looked into and remedied by the competent authority i.e. Sub-Divisional Magistrate, Koraon, respondent no. 6.
In these circumstances and in this background liberty is given to the petitioner to make fresh representation within three weeks from today alongwith the certified copy of this order before Sub-Divisional Magistrate, Koraon, respondent no. 6 who shall consider the claim of the petitioner and take appropriate decision on the same, after providing opportunity of hearing to Smt. Phool Kali Devi, respondent no. 5, in accordance with law preferably within six weeks from the date of presentation of certified copy of this order. Whatever decision so taken, same be communicated to the petitioner.
With the above direction present writ petition is disposed of.
11th Jan 2007
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