REETA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri C. K. Jha, holding brief for Sri V. M. Tripathi, learned counsel for the petitioner/appellant and the learned standing counsel appearing for the respondent Nos. 1, 2 and 3, and perused the record.

(2.) Pursuant to the said decision dated 13.11.2007, the matter was taken up before the District Magistrate, Bareilly on 2.4.2008. The District Magistrate, Bareilly directed the Sub-Divisional Magistrate, Avola, Bareilly, by the communication dated 17.4.2008, to enquire into the matter, and submit his Report. The Sub-Divisional Magistrate, Avola, Bareilly submitted his Report dated 22.5.2008. As the said Report did not clarify the position in regard to the residence of the petitioner/appellant in the Village Guleli, the Sub-Divisional Magistrate, Avola, Bareilly was again directed to submit fresh Enquiry Report. Accordingly, the Sub-Divisional Magistrate, Avola, Bareilly submitted his Report dated 3.10.2008, inter alia, stating that the father of the petitioner/appellant was employed in Bareilly since 1976 and he was residing in Bareilly. The Sub-Divisional Magistrate, Avola, Bareilly in the said Report dated 3.10.2008 also mentioned regarding Ration-Cards and Voter-Lists in respect of the family of the father of the petitioner/appellant.

(3.) Thereafter, the District Magistrate, Bareilly passed a detailed order dated 28.11.2008 taking into consideration the material on record including the Enquiry Report submitted by the Sub-Divisional Magistrate, Avola, Bareilly, and concluded that the petitioner/appellant was resident of Bareilly, and not of Village Guleli. Accordingly, the District Magistrate, Bareilly cancelled the selection of the petitioner/appellant as Shiksha Mitra, and instead directed that Smt. Navneeta (respondent No. 5 herein) be selected as Shiksha Mitra in the aforesaid Primary School.