Allahabad High Court
Rinki Tiwari vs State Of U.P. And Others on 5 July, 2010
Author: Arun Tandon
Bench: Arun Tandon
Court No. - 18 Case :- WRIT - A No. - 38271 of 2010 Petitioner :- Rinki Tiwari Respondent :- State Of U.P. And Others Petitioner Counsel :- A. K. Malviya Respondent Counsel :- C. S. C.,K. S. Kushwaha,Mahesh Narain Singh Hon'ble Arun Tandon,J.
Heard learned counsel for the parties.
The District Magistrate under the impugned order has recorded a finding that Smt. Suman Pandey, who has been selected for the post of Shiksha Mitra having better quality point marks than the petitioner, was normal resident of village Duhiya, where the institution is situate. Therefore, the allegation that she ceased to be the resident of village Duhiya because of marriage has not found favour with the District Magistrate, inasmuch as after enquiry the Sub Divisional Magistrate has reported that Smt. Suman has been residing with her parent in village Duhiya for last more than 10 years. The findings so recorded by the District Magistrate are being challenged with reference to various documents and reports enclosed with this petition. I am of the considered opinion that the issue raised is purely factual in nature. Disputed issue with regards to the place of residence of a private person cannot be a subject matter of consideration under Article 226 of the Constitution of India.
Accordingly, writ petition is dismissed.
Order Date :- 5.7.2010 Pkb/