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Smt. Sangeeta Tyagi v. State Of U.P. And Others - WRIT - A No. 48116 of 2006  RD-AH 15510 (6 September 2006)
HON. ARUN TANDON, J.
It is contended that the order dated 29.7.2006 has been passed by the District Magistrate, Bijnor without notice and opportunity of hearing to the petitioner. Under the impugned order the selection of the petitioner as Shiksha Mitra has been jeopardized and one Anjana Kumari has been directed to be appointed in place of petitioner. In the impugned order it has been recorded that Anjana Kumari has submitted an application for the post of Shiksha Mitra, which was deliberately not considered by the Gram Shiksha Samiti. The quality point marks, which could be awarded to Anjana Kumari, are 63.9% and therefore she is entitled to appointment in preference to any other candidate.
Petitioner disputes the correctness of the finding recorded by the District Magistrate in the order impugned on the ground that Anjana Kumari had not applied for the post in question.
In the opinion of the Court, since the finding of facts recorded by the District Magistrate qua the application submitted by Anjana Kumari are disputed and further since the order is alleged to have been passed without notice and opportunity of hearing to petitioner, it is desirable that the petitioner may make an application pointing out the fact stated in the present writ petition. If such a representation is made within two weeks from today before the District Magistrate, Bijnor along with certified copy of this order, he shall call for the records and shall examine the merit of the representation, after affording opportunity to Anjana Kumari, he shall pass a reasoned speaking order, preferably within four weeks thereafter. The order passed by the District Magistrate dated 29.7.2006 shall abide the orders, which may be passed on the representation of the petitioner as directed above.
With the aforesaid directions/observations, the present writ petition is disposed of finally.
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