Court No. - 26 Case :- WRIT - A No. - 5514 of 2010 Petitioner :- Priyank Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Ajay Vikram Yadav Respondent Counsel :- C.S.C.,R.P. Shukla Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and the learned Standing
Counsel as well as Sri R.P.Shukla, learned counsel appearing for
the respondent.
The petitioner is aggrieved by the order dated 15.9.2009 passed by
the District Magistrate. The petitioner submits that for the year
2008-09 for the purpose of selection to the post of Shiksha Mitra,
respondent no.5 never made any application but in spite of the
aforesaid fact, now the District Magistrate has held that she was on
the merit list and her selection is valid. The claim of the petitioner
is that he has no knowledge relating to the order of the District
Magistrate.
It appears that after the selection various candidates as applicants
were aggrieved and filed various writ petitions before this Court
for the selection and this Court had directed the authorities to
consider and decide the matter. All the directions issued in the
various writ petitions were taken in to consideration by the District
Magistrate and by order dated 15.9.2009, he has passed an order
holding therein that the appointment of respondent no.5 is valid.
Admittedly, the selection is of 2008-09. The order has been passed
in the month of September 2009. After a lapse of 4 months,
petitoner has approached this Court by means of the present writ
petition on the ground that he has not been afforded any
opportunity and he has not been heard, which cannot be sustained
in view of the order passed by the District Magistrate which is
apparent that the order has been passed after affording full
opportunity to all the relevant parties.
The writ petition is hereby dismissed accordingly.
No order is passed as to costs.
Order Date :- 3.2.2010
V.Sri/-