SUBHASH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) This special appeal has been filed by Subhash Chandra challenging the judgement and order dated 30.11.09 passed by the learned Single Judge, by means of which the writ petition preferred by the respondent Smt. Chandra Prabha has been allowed and the appointment of the present appellant Subhash Chandra on the post of Shiksha Mitra, has been quashed. A further direction has been issued to the respondents to consider the case of the petitioner Chandra Prabha (respondent in the present appeal) in accordance with the observations made in the judgement by giving prospective application of the Government Order dated 24.4.06.

(2.) Arguments have been advanced at length by the counsel for the parties.

(3.) Sri Ramesh Kumar Srivastava, appearing for the appellant has submitted that the learned Single Judge failed to appreciate that the respondent No. 2 Smt. Chandra Prabha could not have been considered at all for appointment on the post of Shiksha Mitra for Gram Sabha Chandapur, as admittedly she did not furnish the domicile certificate before the last date of submission of the application form, and therefore, her form was liable to be rejected on this ground alone.