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SMT. NISHA YADAV versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Nisha Yadav v. State Of U.P. And Others - WRIT - A No. 20286 of 2007 [2007] RD-AH 7432 (23 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 39

Civil Misc. Writ Petition No. 20286 of 2007

Smt. Nisha Yadav

Versus

State of U.P. and another

Hon'ble V.K. Shukla, J.

Petitioner,  Smt. Nisha Yadav, had earlier approached this Court by preferring writ petition No. 6831 of 2007, requesting therein that she be re-permitted to perform and discharge duties as Shikshamitra. This Court on 08.02.2007 directed the District Magistrate, Azamgarh, to consider the matter and thereafter, pass appropriate order.

Pursuant to directives issued by this Court,  matter had been taken up by District Magistrate, and after close examination of record, it reflected that petitioner was selected for the post of Shikshamitra and had completed her training. Petitioner has contended that thereafter on account of pregnancy, she could not perform and discharge duties. Petitioner has contended that after return she wanted to resume her duties, but she was not permitted to perform and discharge duties as Shikshamitra. Petitioner has contended that fresh selection proceedings were undertaken by means of advertisement made on 24.12.2006, and thereafter applications had been moved and then result was published on 27.01.2007. Petitioner submits that after fresh selection has been made, name of one Smt. Nirmala Devi was finalized. Petitioner questioned the validity of the said decision before this Court, whereupon, this Court asked the District Magistrate to decide the matter, as aforesaid. Thereafter finding of fact has been returned that petitioner had absented herself from 23.03.2006 without moving any application and without any medical certificate. As petitioner continuously absented, then decision was taken to make fresh selection. Once this factual position has emerged that  petitioner remained absent for a long period and the teaching activities were impaired, then resolution was passed for fresh selection. Under the scheme floated for appointment of Shiksamitra, there is no provision of proceeding on leave and the scheme further suggests that it is essentially social service scheme. Once appointment of petitioner came to an end, fresh selection process had been undertaken and new incumbent has been selected, then there is no infirmity in the decision taken by the District Magistrate.            

Consequently, writ petition lacks substance and the same is dismissed.      

23.04.2007

SRY


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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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