Court No. - 26 Case :- WRIT - A No. - 1040 of 2010 Petitioner :- Mamta Patel Respondent :- State Of U.P. & Others Petitioner Counsel :- I.B. Yadav Respondent Counsel :- C.S.C.,Mahesh Narain Singh,Nikhil Kumar,P.K. Bhardwaj,S.K. Yadav Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and Sri Nikhil Kumar,
learned counsel appearing for the respondents.
The petitioner earlier approached this Court in Writ Petition No.
42297 of 2009 on the ground that the application was submitted by
the petitioner within time but the claim of the petitioner has not
been considered in spite of the fact that the petitioner was at no.1
in merit and one Pradeep Kumar has been selected on the post of
Shiksha Mitra. The District Magistrate after direction issued by
this Court after considering the relevant records and after taking
the statement and the signatures has recorded a finding that as the
application filed by the petitioner was not received in time,
therefore, the application of the petitioner has not been considered
at the level of the Tehsildar and therefore, the selection of Pradeep
Kumar on merit is correct. This finding recorded by the District
Magistrate-respodnent is based on evidence and after perusal of
the record and the satement, therefore this Court while exercising
powers under Article 226 of the Constitution of India cannot
interfere regarding the finding recorded by the District Magistrate
unless and until it is shown that the findings recorded are perverse
and not based on evidence on record.
In view of the aforesaid fact, the writ petition is devoid of merit
and is disposed of. It is however, open to the petitioner to raise her
grievance before the appropriate court.
No order is passed as to costs.
Order Date :- 12.1.2010
V.Sri/-