WP(C) 4138/2006 BEFORE HON’BLE JUSTICE MR I. A. ANSARI Heard Mr. R. Ali, learned counsel for the petitioner, and Mr. M. K. Mish ra, learned Standing counsel, Education Department, Assam, appearing on behalf o f respondent No. 1. Also heard Mr. S. Sarma, learned counsel for the respondent Nos. 2, 3 and 4. Pursuant to the notice, dated 15.07.2006, issued by the Village Educatio n Council (in short, ’VEC’), Balagaon, district Barpeta, the petitioner had appl ied for appointment to the post of ’Siksha Mitra’. In the selection process, wh ich had taken place, the petitioner received highest mark. Notwithstanding the fact that the petitioner was, in terms of the relevant guidelines, entitled to r eceive the appointment, which she had sought for, she was not given the appointm ent on the ground that her husband was not a resident of Balagaon. Contending t hat both she and her husband are residents of Balagaon, the petitioner has come to this Court seeking, with the help of the present writ application made under Article 226 of the Constitution of India, appropriate directions to the responde nts/authorities concerned. In support of her case, the petitioner has annexed t o her affidavit-in-reply a copy of voters’ list, a certificate from the Gaonbura concerned, a school certificate etc. In view of the fact that the petitioner could have, admittedly, been app ointed but for the reason that she was alleged to be not a resident of Balagaon, this Court is of the view that the respondent No. 3, namely, District Mission C oordinator, Barpeta, shall made an enquiry into the question as to whether the p etitioner is or is not a resident of Balagaon and, depending upon the finding of the enquiry, appropriate order(s) shall be passed by the respondent No. 3. The whole exercise, so directed, shall be completed with a period of ten days from the date of receipt of a certified copy of this order by respondent No. 3. The petitioner shall furnish to the respondent No. 3 a certified copy of this order along with copies of this writ petition and annexure thereto. If the petitione r feels aggrieved by the decision, which may be taken by the respondent No. 3, o r by the order, which may be passed by the respondent No. 3, the petitioner shal l be at liberty to take recourse to such provisions of law as may be permissible . Before parting with this writ petition, it is made clear that if, upon e nquiry, to be made, as has been directed hereinabove, the petitioner is found to be a resident of Balagaon, the recommendations, made for appointment of respond ent No. 6 as ’Siksha Mitra’, shall not be acted upon and the petitioner shall b e appointed to the post, in question. With the above observations and directions, this writ petition shall sta nd disposed of. No order as to cost.