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Mohammad Samim v. State Of U.P. And Others - WRIT - A No. 21492 of 2007 [2007] RD-AH 8285 (2 May 2007)


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Court No. 39

Civil Misc. Writ Petition No.21492 of 2007

Mohammad Samim


State of U.P. and others

Hon'ble V.K. Shukla.J.

Earlier the petitioner had approached this Court by preferring Civil Misc. Writ Petition No. 9828 of 2007. This Court on 23.02.2007 asked the District Magistrate, concerned to consider the matter. Thereafter matter has been considered by the District Magistrate  and the appointment which has been made on the post of Shiksha Mitra has been found to be valid.

Learned counsel for the petitioner contended with vehemence that in the present case Jitendra Kumar Gupta has not at all submitted application form well within time as such his claim has been illegally rejected.

From the side of the respondents it has been contended that after the record has been examined, rightful conclusion has been arrived at as such no interference be made.

After respective arguments have been advanced factual position which is emerging is to the effect that pursuant to directives issued by this Court the District Magistrate has examined the matter and has found that in all 11 forms have been received in time and thereafter in the meeting of Gram Shiksha Samiti passed resolution was passed on 10.10.2006 and on the basis of quality point marks Jitendra Kumar Gupta has been selected. Once this finding of fact has been returned, then there is no occasion to interfere with the impugned order.

Consequently present writ petition lacks substance and is dismissed.

Dated: 2nd May, 2007



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