SEEMA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has filed the present writ petition challenging the select list prepared pursuant to an advertisement dated 16.11.2007 (Annexure-2). THE petitioner's name finds place at serial No.1 having 79.9 quality point marks. However, the grievance of the petitioner is that the person at serial No.6 (Smt. Rita Singh) having 53.6 quality point marks was proposed to be selected. Against the aforesaid proposal, the petitioner filed the instant writ petition before this and this Court vide its order dated 9.7.2008 stayed the aforesaid proposal until further orders and directed the respondents including the Caveator (Smt. Rita Singh) to file response to the writ petition. Till date no counter affidavit has been filed and the post is still lying vacant. Learned counsel for the petitioner has filed a letter informing the counsel for the respondents that the matter will be taken up today before this Court, yet none has appeared for the respondents. Under the circumstances, this Court has no option but to proceed with the matter ex-parte. Since no counter affidavit has been filed and the apparently the petitioner's quality point marks are highest and also respondent No.9 (Smt. Rita Singh) has been restrained by way of an interim order, as such, it is provided that the petitioner may make a representation to the concerned District Magistrate, who will consider the claim of the petitioner and if there is no other legal impediment, may permit her to continue as Shiksha Mitra for the current session only and at the expiry of the session, a fresh selection may be directed in which the petitioner, if she fulfills all the criteria and is found eligible may also be allowed to participate. While considering the claim of the petitioner, the District Magistrate will also look into the claim of respondent No.9. THE aforesaid exercise will be done within a period of two weeks from the date a certified copy of this order alongwith a representation is produced before the District Magistrate concerned. With the aforesaid observation, the writ petition is finally disposed of.