Pooja Arya Vs Director School Education and Others

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition (S/S) No. 218 of 2013

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Pooja Arya … Petitioner Vs

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Director School Education & others … Respondents

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Mr. Sharad Sharma, Senior Advocate assisted by Ms. Vandhna Singh, Advocate, present for the petitioner. Mr. Paresh Tripathi, Additional C.S.C., present for the State of Uttarakhand

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Hon’ble Kalyan Jyoti Sengupta, J. (Oral)

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After hearing learned counsel for the parties, I dispose of the writ petition without calling for any affidavit, as the matter of this nature, no affidavit is required for taking final decision.

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It appears in the impugned order, the petitioner’s grievance has not been considered at all, although she appeared before the authority concerned to take fresh decision on the material supplied by her. Unfortunately this was not done. It is recorded that since, decision was taken on the representation of another candidate so no fresh decision was required. I think, this is not the object of taking hearing of the petitioner and considering her case. Therefore, I keep the impugned order in abeyance till such time as this Court directs by this order.

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Respondent No. 2 is directed to reconsider the matter after hearing the petitioner and taking note of her objections and also material which might be produced by her. This course of action shall be taken after giving notice to another candidate and hearing her. The respondent shall pass fresh order without being influenced by the earlier order. In the process, earlier order may be reversed or modified or retained, as the case may be. This exercise shall be completed

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2

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within eight weeks from the date of communication of this order.

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No order as to costs.

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(K.J. Sengupta, J.)

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12.03.2013

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ASWAL

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Pooja Arya v. Director School Education and Others

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Pooja Arya v. Director School Education and Others

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