- (1.) Heard Shri Aftab Ahmad, learned counsel for the petitioner, learned Standing Counsel appearing for respondent no.1 and Shri Ghaus Beg, learned counsel appearing for respondent nos. 2 and 3.
(2.) The petitioner, who is an Assistant Teacher in Primary School (now promoted as Headmistress), by instituting these proceedings under Article 226 of the Constitution of India has assailed the validity of the order dated 22nd January, 2014 passed by the Zila Basic Shiksha Adhikari, Behraich whereby her representation staking her claim to be posted in Urban Local Area of District- Behraich has been rejected.
(3.) In supported of the claim of the petitioner to be posted in an Urban Local Area, it has strenuously been argued by the learned counsel appearing for the petitioner that the basic premise on the basis of which the claim of the petitioner has been rejected is erroneous, inasmuch as, after the bifurcation of the erstwhile District-Basti and creation of District Siddharth Nagar, the Primary School, Jawahar Nagar, Development Block Naugarh District- Siddharth Nagar falls in an Urban Area whereas it has wrongly been recorded by the District Basic Shiksha Adhikari in the impugned order that it still is situated in a Rural Area.;