Special appeal dismissed as it was a pure question of fact where lower courts held the respondent was a local resident based on voluminous documents like ration card and domicile certificate.
The special appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No. 676/2021
Suman W/o Shri Deepak Kumar, Aged About 22 Years, R/o Naiwari, Tehsil Bhusawar, District Bharatpur (Rajasthan).
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. T.C. Vyas For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment
07/12/2021
This appeal arises out of the judgment of the learned Single Judge dated 08/04/2021. The authorities required to make appointment to the post of Aganbari Sahayika in Gram Panchayat Naiwara, District Bharatpur. One of the requirement for appointment of the candidate was that he/she must be local resident of a village. The petitioner was appointed in preference to respondent No.3 which the respondent No.3 challenged before the appellate authority which reversed the decision on the ground that she had been able to produce the necessary documents in support of her case that she is a local resident of village Naiwara. The petitioner then approached the High Court. The learned Single
(2 of 2)
[SAW-676/2021]
Judge dismissed the petition observing that respondent No.3 had produced the ration card, domicile certificate issued by the sub divisional officer, marriage certificate and electoral roll of the local area.
Being a pure question of fact when the first appellate court and the learned Single Judge have on the basis of voluminous documents on record held that respondent No.3 is a local resident of the village, in this appeal, we do not see any ground for taking a different view.
The appeal is dismissed.
(UMA SHANKER VYAS),J
(AKIL KURESHI),CJ
ANIL KUMAR GOYAL /BM GANDHI-13
1 issue framed by the court
Whether the High Court should take a different view on the factual finding that respondent No.3 is a local resident of the village.
Suman W/o Shri Deepak Kumar
Deputy Director, Women And Child Development Department, Bharatpur
Manju Kumari W/o Vikram Singh
Akil Kureshi
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
