PRAKASH VISHWAKARMA Vs. STATE OF U P

JUDGEMENT

(1.) WITH the consent of counsel for the parties, this special appeal has been heard on merit. Writ petitioner-appellant, aggrieved by judgment and order dated 27.03.2009 passed by a learned Judge in Civil Misc. Writ Petition No. 16840 of 2009 dismissing the writ petition, has preferred this special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. Short facts giving rise to the present appeal are that the writ petitioner-appellant, hereinafter referred to as the ''appellant', was selected and engaged as Shiksha Mitra for the academic session 2005-2006 for Primary School Mehuawa Bazratar in District Deoria. His engagement was renewed for subsequent sessions but renewal for the session 2008-2009 was denied. Being aggrieved, he filed Writ Petition No. 64571 of 2008 before this Court. The learned Judge disposed of the said writ petition by order dated 15.12.2008 directing the District Magistrate to consider his claim. In pursuance of the said order, the District Magistrate sought a report from the Gram Shiksha Samiti, which submitted its resolution dated 20.02.2009 showing that the appellant had secured engagement on the basis of forged Intermediate mark sheet and on enquiry, it was found that in fact he had obtained 220 marks out of 500 marks. However, he had secured appointment on the basis of a mark sheet showing that he had secured 299 marks out of 500 marks. On receipt of the aforesaid resolution of the Gram Shiksha Samiti, the District Magistrate at his own level got the mark sheet verified from the institution from which the appellant had passed his intermediate examination. The report of the institution is in conformity with the resolution of the Gram Shiksha Samiti. Accordingly, the District Magistrate rejected the claim of the petitioner by order dated 24th February, 2009 which was challenged before this Court in a writ petition, which has given rise to the impugned order. It was contended before the learned Judge that the appellant was selected for engagement on the basis of a mark sheet showing that he had secured 220 marks out of 500 marks. This was disputed by the answering respondents contending that the appellant was engaged in view of the fact that he had secured 299 marks out of 500 marks. There is no earthly reason to disbelieve the plea taken by the answering respondents. In any view of the matter, the learned Judge was of the opinion that this question was a pure question of fact, which could not be decided in writ jurisdiction. Mr. A.N. Bhargava, appearing on behalf of the appellant, reiterates the same submissions, which were advanced before the learned Judge. We are of the opinion that the learned Judge did not err in rejecting the said submission and we are in total agreement with his conclusion. We do not find any merit in the appeal and it is dismissed accordingly.