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Allahabad High Court
Gunjan Devi vs State Of U.P. Through Principal … on 29 January, 2010
Chief Justice's Court

Case :- SPECIAL APPEAL No. - 99 of 2010

Petitioner :- Gunjan Devi
Respondent :- State Of U.P. Through Principal Secy (Basic Edu) And Others
Petitioner Counsel :- Preet Pal Singh Rathore
Respondent Counsel :- C.S.C.,Mahesh Narain Singh,Mayank Yadav,Mohan
Dhari, Pankaj Satsangi

Hon'ble Chandramauli Kumar Prasad,Chief Justice
Hon'ble Arun Tandon,J.

Writ petitioner-appellant, aggrieved by order dated 23.12.2009
passed by a learned Single Judge in Civil Misc. Writ Petition No.
70916 of 2009, has preferred this appeal under Rule 5 Chapter
VIII of the High Court Rules.

Writ petitioner-appellant aggrieved by the order of the District
Magistrate dated 11.12.2009, whereby the District Magistrate
directed the consideration of the case of respondent no. 7,
preferred the writ application inter alia on the grounds that now
she being married, cannot be considered for appointment and that
respondent no. 7 had not filed the application within time.
Aforesaid submissions did not find favour with the learned Single
Judge and he has dismissed the writ application inter alia
observing that she was not married in the year 2007 when the
application was filed and further that no issue with regard to delay
in filing the application by respondent no. 7 was raised before the
District Magistrate.

We do not find any error in the same.

As the aforesaid plea requires examination of fact, the learned
Single Judge rightly did not go into this question.

We do not find any merit in the appeal and it is dismissed
accordingly.

                           (Arun Tandon,J)             (C.K. Prasad,CJ)

Order Date :- 29.1.2010
RK
 

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