MUNNI YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This special appeal has been filed by the appellant challenging the order of the learned single Judge dated 23.3.2010. The facts giving rise to the present special appeal are as follows:

(2.) The case of the petitioner is that she was a resident of village Rampur Patti Sarvan Khan Tehsil Jamania District Ghazipur. She was married to one Shri Angad Yadav who was a resident of village Jallapur, Tehsil Sadar. In April 2008 the petitioner, for the purposes of selection as Shiksha Mitra, submitted her application before the Sub-Divisional Officer, Jamania District Ghazipur who was the authority competent to issue domicile certificate. The Sub-Divisional Officer, Jamania issued a domicile certificate which has been filed by the petitioner as Annexure-1 to the writ petition and it is based upon the report of the Naib Tehsildar Jamania showing that the petitioner is a resident of village Rampur Patti Sarman Khan. The case of the petitioner further is that for Primary School Rampur Milki she was selected for the post of Shiksha Mitra being highest in merit and was sent for training in D.I.E.T., Saidpur, District Ghazipur, which she completed from 27.1.2009 to 25.2.2009. After completing her training she submitted her joining before the Head Master, Primary School, Rampur Patti Sarman Khan, Ghazipur and Rampur Milki. Ghazipur on 26.2.2009 and was allowed to join in the Primary School, Rampur Milki. One Anju Yadav-respondent No. 6 to the writ petition, who was also a candidate for the post of Shiksha Mitra submitted a complaint before the respondent No. 3 stating therein that the petitioner Munni Yadav after her marriage to Angad Yadav became a resident of village Jallapur Saidpur District Ghazipur and, therefore, she had obtained appointment on the post of Shiksha Mitra for village Rampur Patti Sarnam Khan by concealment of facts. It was also stated in the said complaint that in response to an advertisement published in April 2008 for Primary School, Jallapur Block Saidpur District Ghazipur, the petitioner had again applied for the post of Shiksha Mitra. On the said complaint Sub-Divisional Officer Jamania directed the Tehsildar Jamania to conduct an enquiry in order to ascertain the correct facts and submit his report. The Sub-Divisional Officer, Jamania in his report dated 8.2.2010. which was submitted before the District Basic Education Officer, Ghazipur, has stated that the domicile certificate dated 21.10.2008 was correct and the same was not being cancelled. This report of the Sub-Divisional Officer, Jamania was approved by the District Magistrate by his order dated 25.1.2010. However. when the matter came up before the District Basic Education Officer, Ghazipur. the petitioner as well as the respondent No. 3 were given opportunity of hearing and after consideration of the various reports the District Basic Education Officer held that the petitioner had obtained appointment on the post of Shiksha Mitra in Rampur Patti showing herself to be a resident of the said village whereas at the same time she had also submitted an application for the post of Shiksha Mitra in response to an advertisement issued in April 2008 showing herself to be a resident of Jallapur and therefore, in the circumstances she had wrongly been given appointment as Shiksha Mitra in village Rampur Patti Sarnam Khan and her services deserve to be cancelled.

(3.) We have heard Shri J.P. Singh, learned counsel for the appellant, learned standing counsel for the State-respondents and Shri Anant Vijai, learned counsel appearing for the respondent No. 6.