W.P. No.5005/2010 (s)
23/06/2010:
Shri Rajesh Dubey, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned Government Advocate for
the respondents No.1, 2 and 3.
Shri L. S. Singh, learned Senior Counsel with Shri
Luvkush Mishra, for respondent No.7.
Heard on I.A. No.6426/2010 an application filed by
respondent No.7 for vacating the stay.
Having heard learned counsel for the parties and taking
note of the material available on record, particularly the order
passed by the Division Bench of this Court as contained in
Annexure P/6 dated 4.2.2009 and the affidavit filed by Shri R.
C. Shivhare, Tahsildar and the observations made by the
Division Bench in para 4 and 5, prima facie it is seen that
respondent No.7 has been selected on the basis of her resident
and the fact that she is the person living below the poverty line
and this fact is established from the affidavit of Shri R. C.
Shivhare filed before the Division Bench in W.A.
No.1143/2008.
Keeping in view the aforesaid, the contention of Shri
Rajesh Dubey that the respondent No.7’s Certificate showing
her to be a person below poverty line was issued after a due
date of submission of examination i.e. 30.8.2007 seems to be
incorrect. Petitioner has filed the documents showing
submission of form of respondent No.7 vide I.A.
No.6921/2010. In the certified copy of the application it is
seen that Certificate was issued to respondent No.7 showing
her to be a person living below poverty line on 24.8.2007 i.e.
much before submission of application by her. That apart the
affidavit filed by Shri R. C. Shivhare before the Division
Bench in W.A No.1143/2008 also indicates that Certificate was
issued in favour of respondent No.7’s husband on 23.8.2007.
In that view of the matter, contention of the petitioner that the
Certificate was issued to respondent No.7 after the due date
30.8.2007 is prima facie found to be incorrect.
Accordingly, I.A. No.6426/2010 is allowed. Stay
granted by this Court on 29.4.2010 is vacated. Respondents
are directed to file reply if they so desire. Original record of
the selection be called for from the competent authority. List
along with the records for hearing in the 2 nd week of August
2010.
(Rajendra Menon)
Judge
Mrs.mishra