MISS MUSFIRA Vs. ANDAMAN AND NICOBAR ADMINISTRATION

JUDGEMENT

(1.) THE short point which arises for consideration in this writ petition is whether the benefit as pre-42 settlers can be given to a candidate whose father is a post-42 settlers but the mother is a pre-42 settlers.

(2.) BEFORE proceeding to deal with the aforesaid point evolved in this writ petition, certain admitted facts are required to be narrated.

(3.) THE provisional list was published by the Administration inviting the objections on or before 18th July, 2012 and the petitioner raised objection on 20th July, 2012. Though the said application was filed belatedly, the authority considered the said objection and found that the candidature of the private respondent was rightly considered under the category of pre-42 settlers and subsequently published the final list on 28th August, 2012. From perusal of the provisional list, it appears that the private respondents are placed in serial nos. 3, 5 and 7 whereas the petitioner is placed in 8th position. THE final list is the replica of the provisional list.