- (1.) Heard Sri C. K. Jha, holding brief for Sri V. M. Tripathi, learned counsel for the petitioner/appellant and the learned standing counsel appearing for the respondent Nos. 1, 2 and 3, and perused the record. The present special appeal has been filed against the judgment and order dated 15.1.2009 passed by the learned single Judge whereby, Civil Misc. Writ Petition No. 1079 of 2009 filed by the petitioner/appellant has been dismissed. It appears that pursuant to the advertisement issued in the year 2007, the petitioner/appellant was selected as Shiksha Mitra in the Primary School, Village Guleli, Vikas Khand Ram Nagar, Tehsil Avola, District Bareilly. The petitioner/appellant claimed herself to be the resident of Village Guleli, Vikas Khand Ram Nagar, Tehsil Avola, District Bareilly. Smt. Navneeta (respondent No. 5 herein), who was also applicant for selection as Shiksha Mitra, made a representation against the selection of the petitioner/appellant on the ground that the selection of the petitioner/appellant was against law, as she was not resident of Village Guleli. After submitting the said representation, Smt. Navneeta (respondent No. 5 herein) filed a writ petition being Civil Misc. Writ Petition No. 53089 of 2007 before this Court, and this Court, by the order dated 13.11.2007, disposed of the said writ petition, inter alia, directing that the representation made by Smt. Navneeta (respondent No. 5 herein) be considered and appropriate decision be taken on the said representation within the period mentioned in the said order dated 13.11.2007.
(2.) Pursuant to the said decision dated 13.11.2007, the matter was taken up before the District Magistrate, Bareilly on 2.4.2008. The District Magistrate, Bareilly directed the Sub-Divisional Magistrate, Avola, Bareilly, by the communication dated 17.4.2008, to enquire into the matter, and submit his Report. The Sub-Divisional Magistrate, Avola, Bareilly submitted his Report dated 22.5.2008. As the said Report did not clarify the position in regard to the residence of the petitioner/appellant in the Village Guleli, the Sub-Divisional Magistrate, Avola, Bareilly was again directed to submit fresh Enquiry Report. Accordingly, the Sub-Divisional Magistrate, Avola, Bareilly submitted his Report dated 3.10.2008, inter alia, stating that the father of the petitioner/appellant was employed in Bareilly since 1976 and he was residing in Bareilly. The Sub-Divisional Magistrate, Avola, Bareilly in the said Report dated 3.10.2008 also mentioned regarding Ration-Cards and Voter-Lists in respect of the family of the father of the petitioner/appellant.
(3.) Thereafter, the District Magistrate, Bareilly passed a detailed order dated 28.11.2008 taking into consideration the material on record including the Enquiry Report submitted by the Sub-Divisional Magistrate, Avola, Bareilly, and concluded that the petitioner/appellant was resident of Bareilly, and not of Village Guleli. Accordingly, the District Magistrate, Bareilly cancelled the selection of the petitioner/appellant as Shiksha Mitra, and instead directed that Smt. Navneeta (respondent No. 5 herein) be selected as Shiksha Mitra in the aforesaid Primary School.;