GHAN SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner claims that he had applied for engagement as Shiksha Mitra at Gram Panchyat Debari Kala, Block Mujehna, District Gonda. According to the petitioner his quality point marks is 54.46 and above him one Krishna Kumar Yadav with 57.41 quality point marks and below the petitioner at serial No. 3 one Ram Moorat i.e. opposite party No. 4 has 50.17 quality point marks. According to the petitioner the person at serial No. 1 i.e. Krishna Kumar Yadav has not been selected as his age was said to be less than the prescribed age. According to the petitioner being next in line he should have been selected but in the select list a mention has been made that the petitioner does not have domicile certificate which according to the petitioner is false as he has receipt of submitting domicile certificate before the concerned authority, before the last date prescribed. According to the petitioner respondent No. 4 under any circumstance could not have been given appointment in presence of the petitioner's claim. The petitioner further submits that the said selection was held without issuing any advertisement, as such according to the Government Order such an engagement of respondent No. 4 is blatantly illegal having been done without proper advertisement and is, therefore, also against the Government Order under which such selections are made. Be that as it may, the petitioner may make a representation to the District Magistrate who will consider this aspect of the matter whether any advertisement was issued or not and also when the petitioner has better quality point marks and his certificates etc. were also filed before the last date then why his candidature has not been considered by the concerned Basic Shiksha Adhikari. This whole exercise shall be done by the concerned District Magistrate within a period of one month from the date a certified copy of this order is produced before him. With these observations, the writ petition is disposed of.