A.P.SAHI, J. - (1.) THE petitioner prays for quashing of the order dated 14.12.2006 passed by the District Magistrate, Etawah, rejecting the claim of the applicant for being appointed as Shiksha Mitra against the advertisement dated 27.10.2005.
(2.) THE petitioner along with respondent No.5-Smt. Shiv Kumari applied for the post of appointment as Shiksha Mitra in terms of Government Order dated 10.10.2005; copy whereof is Annexure No. 4 to the writ petition. The Applications were processed and it is alleged by the Petitioner that the contesting Respondent deliberately provided incorrect mark-sheets which resulted in the award of higher marks to Respondent No.5. Respondent No.5, in fact, had only 47.04 % marks whereas on account of the incorrect mark sheets and clerical error that had crept into, she was placed higher in merit than the petitioner indicating that she had obtained 57.40 % marks. The petitioner was awarded an aggregate of 51 % according to the Government Order. Respondent No.5 was shown to have been selected. It is further relevant to point out that the Petitioner and Respondent No.5 both had worked as informal Instructor (Anudeshak) and, as such, according to Government Order dated 10.10.2005, these 2 candidates had to be given "first preference" as against the other candidates, who had applied. The petitioner's claim was not being considered, as such, the Petitioner approached this Hon'ble Court by filing Writ petition No.17943 of 2006 and a direction was issued on 3.4.2006 commanding the District Magistrate, Etawah, to decide the claim of the petitioner. A Contempt Petition was also filed for non-compliance of the said direction where after the District Magistrate decided the matter vide order dated 14.12.2006 impugned in the present petition.
(3.) I have heard Mr. Pankaj Kumar Srivastava, learned counsel for the petitioner, Sri A.K. Sharma for Respondent No.5, the learned Standing Counsel for Respondent Nos. 1 to 3 and Sri K. Sahi for Respondent No.6.;