KM. SONI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for opposite parties. None present on behalf of O.P. No. 6. By means of this petition, the petitioner has prayed for quashing of the order dated 1.7.2009 passed by the District Magistrate, Kheri on the representation of the petitioner which was presented in compliance of the directions passed in writ petition No. 1901(SS) of 2009 Soni Devi v. State of U.P. and others.

(2.) Short controversy involved in this petition is that the petitioner applied for appointment as Shiksha Mitra in the year 2007 under handicapped quota. Opposite party No. 6 also applied for the same under the same category. The village Education Committee had recommended the name of the petitioner on the ground that she had secured 67% quality points marks after addition of 10% marks of disabled category and opposite party No. 6 had secured 59.5% quality point marks after addition of 10% marks of disabled category, on account of which the petitioner was selected. Opposite party No. 6 filed a writ petition before the High Court bearing No. 2579(SS) of 2008 Smt. Kamlesh v. State of U.P. and others, in which vide order dated 29.5.2008 this Court had directed as under :

(3.) Accordingly the matter was placed before the District Magistrate and the District Magistrate upheld the order passed by the Basic Shiksha Adhikari.