RAJ LAXMI Vs. DISTRICT MAGISTRATE PRATAPGARH

JUDGEMENT

(1.) HEARD learned counsel for the parties. Petitioner claims herself to have applied for engagement as Shiksha Mitra pursuant to advertisement dated 22.04.2008 for the session 2008-09. The petitioner further claims to have obtained quality point marks to the tune of 72.16 whereas Smt. Gyanmati Devi/ respondent No. 4 has obtained only 54.41 quality point marks however she gets preference over and above the petitioner on account of her being Anudeshak in terms of Government Order dated 10.10.2005. The grievance of the petitioner is that before the last date of submission of forms and other certificates the certificate of Anudeshak was not filed by the respondent, however the same was done after the expiry of the last date which according to the petitioner is impermissible in law as the advertisement itself states that all the documents should be filed before the last date. Petitioner has relied upon a decision reported in the case of Smt. Neelu Devi versus State of U.P. and others reported in 2008 (3) LBESR 319 Alld., in which the Division Bench has held that any certificate filed after the last date of submission of forms will not give any right to the applicant. It is accordingly directed that the District Magistrate concerned may consider the claim of the petitioner as well as respondent No. 4 in light of the aforesaid decision in the case of Neelu Devi and pass appropriate orders within a period of one month from the date a certified copy of this order is produced before him. Since the claim raised by the petitioner is that the certificate of Anudeshak by which respondent No. 4 was given preference was filed after the last date of submission of forms, it is, therefore, provided that the joining of respondent No. 4 shall be subject to the final orders upon the representation of the petitioner to be decided by the District Magistrate. With these observations, the writ petition is disposed of.