Allahabad High Court High Court

Seema Devi ( S/S 5229/2008 ) vs Zila Basic Shiksha Adhikari, … on 21 January, 2010

Allahabad High Court
Seema Devi ( S/S 5229/2008 ) vs Zila Basic Shiksha Adhikari, … on 21 January, 2010
        C.M. Application No. 49224 of 2008
                        IN
      Special Appeal (D) No. 342 of 2008 (S/B)
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Hon’ble C.K. Prasad,CJ
Hon’ble Y.K. Sangal,J

This application has been filed for condoning

the delay in filing the appeal.

According to Stamp Reporter, the appeal is

barred by limitation by 23 days.

Various reasons, which prevented the appellant

from filing the appeal within time, have been

enumerated in the affidavit filed in support of the

application.

We are of the opinion that the same constitute

sufficient cause for condoning the delay in filing the

appeal.

Accordingly, the delay in filing the appeal is

condoned.

Application stands allowed.

(C.K. Prasad,CJ)

(Y.K. Sangal,J)
Date: 21.01.2010.

RK/
Special Appeal (D) No. 342 of 2008 (S/B)
Seema Devi vs. Zila Basic Shiksha Adhikari, Pratapgarh and others

****

Hon’ble C.K. Prasad,CJ
Hon’ble Y.K. Sangal,J

Writ petitioner-appellant, aggrieved by order dated 10.4.2008

passed by a learned Single Judge in Writ Petition No. 5229 (S/S) of

2007, has preferred this appeal under Rule 5 Chapter VIII of the High

Court Rules.

Writ petitioner-appellant as also respondent no. 4 were

candidates for engagement as Shiksha Mitra in a Primary School

situated in village Rastipur within Tehsil Raniganj in the district

of Pratapgarh.

Writ petitioner was found to be inferior in merit than

respondent no. 4 but she challenged her appointment on the

ground she is ineligible as she is not the resident of village

Rastipur where the Primary School is situated.

An inquiry was conducted in which it was found that

respondent no. 4 is the resident of village Rastipur where the

School is situated and accordingly, her appointment was upheld.

Mr. O.P. Srivastava, appearing on behalf of the appellant,

submits that from the family register as also the voter list, it

would be evident that respondent no. 4 is the resident of village

Vishnupur Kala and therefore, the finding recorded by the

authority that she is the resident of village Rastipur is fit to be set

aside and once it is so done, appointment of respondent no. 4

shall automatically be rendered illegal.

We do not find any substance in the submission of Mr.
Srivastava. A local inspection was made by the authority and it

has been found that respondent no. 4 has constructed a house in

village Rastipur in the year 1987 and is living there since then.

In that view of the matter, the conclusion arrived at by the

authority that she is the resident of village Rastipur cannot be

said to be perverse calling for interference in this appeal.

We are of the opinion that the consideration of the matter

by the learned Single Judge does not suffer from any error calling

for interference in this appeal.

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

accordingly.

(Y.K. Sangal,J) (C.K. Prasad,CJ)
Date: 21.01.2010.

RK/