MADHURI DEVI Vs. DISTT EDUCATION COMMITTEE THR CHAIRMAN AND 4 ORS
LAWS(ALL)-2009-4-689
HIGH COURT OF ALLAHABAD
Decided on April 01,2009

MADHURI DEVI Appellant
VERSUS
DISTT EDUCATION COMMITTEE Respondents

JUDGEMENT

Abhinava Upadhya, J. - (1.) VAKALATNAMA filed by Shri Omkar Singh on behalf of respondent No. 5 is taken on record. Heard learned counsel for the parties. This writ petition has been filed challenging the selection of respondent No. 5 for engagement as Shiksha Mitra in Primary Pathshala Sarwanpur Gram Panchyat Atesar, Block Amaniganj, District Faizabad. According to the petitioner although respondent No. 5 has better quality point marks i.e. 70.83, it is not disputed that the petitioner has got less quality point marks than respondent No. 5, he has challenged the engagement of respondent No. 5 as Shiksha Mitra on the ground that the domicile certificate filed by him is a forged document and upon forged document no selection can be made and if respondent No. 5 could not have been engaged then next in line the case of the petitioner could have been considered. Learned counsel for respondent No. 5, Shri Omkar Singh on the other hand raised an objection that if the petitioner is aggrieved by the domicile certificate in favour of respondent No. 5 then he has a remedy to challenge the same before appropriate forum. He states that her selection has been made in accordance with law and the same cannot be disturbed on allegations which are not founded on any rationale basis. There is force in the contention of learned counsel for the respondents that if the petitioner has grievance regarding domicile certificate, he can challenge the same before appropriate forum. Learned counsel for the respondent No. 5 further states that during the pendency of the writ petition, an enquiry has been initiated on complaint of the petitioner that the select list has been issued without awaiting the final result of the enquiry. The contention of the petitioner remains that upon illegal and forged domicile certificate no appointment could have been granted. The writ petition lacks merit and is accordingly dismissed.;


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