IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 8657 of 2008 Date of decision: 08.12.2010 ________________________________________________________________ Raju Devi. .....Petitioner. Versus The State of H.P. & others. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? No. ________________________________________________________________ For the petitioner: Mr. Rakesh Jaswal, Advocate. For the respondents: Mr. Anil Jaswal, Deputy Advocate General, for respondents No. 1 to 3. None for respondent No. 4. V.K. Sharma, J. (Oral). The petition has been filed for grant of the following substantive relief vide para 7(a): “7(a) Quash the impugned selection and appointment of respondent as being Arbitrary, malafide and illegal and consider and appoint the applicant as part time water carrier and in GPS Padyalag” 2. In reply, on behalf of respondents No. 1 to 3, the following stand has been taken in preliminary submission and vide para 6: “That the applicant in this O.A. has challenged the selection of respondent No. 4 as Part Time Water Carrier in Govt. Primary School, Dhadol, Block Ghumarwin, Distt. 1 Whether reporters of Local Papers may be allowed to see the judgment? No. ...2... Bilaspur. The instant application is totally wrong and misconceived. The selection of the respondent No. 4 has been made on the recommendation of the duly constituted committee for the purpose under the chairmanship of the S.D.O.(C) of the area concerned as provided under the instruction/guidelines issued by the State Govt. regarding the appointment of Part Time Water Carrier in the Education Department. As such the assertion of the applicant is based on wrong facts and information as is evident from the reply as detailed herein below and as such is devoid of any merit and deserves to be dismissed in the interest of justice. 6. That in reply to para No. 6 and its sub-paras it is submitted that the selection committee headed by the S.D.O. (Civil) as its chairman and three other members Pradhan of the concerned Panchayat, Block Primary Education Officer and Centre Head Teacher of the centre concerned of the respective block scrutinized the application received in response to the vide publicity and awarded the marks on the basis of documents submitted by the candidates and as per the notification issued by the govt. in this regard. On the basis of recommendation of the selection committee the candidate securing the higher marks has been appointed. In the instant case, the applicant and respondent No. 4 has obtained the marks as given below: Applicant:- Distance from home to school Whether land was donated SC/ST/OBC Whether unemployed family Viva Total Marks Yes --- --- Yes --- --- 10 --- --- 5 4 19 Respondent No. 4 Distance from home to school Whether land was donated SC/ST/OBC Whether unemployed family Viva Total Marks Yes --- Yes Yes --- --- 10 --- 3 5 6 24 Since the respondent No. 4 has secured 24 marks and the applicant 19 marks, therefore, the respondent No. 4 has been offered appointment on the recommendation of the selection committee in accordance with the instruction.” 3. Reply on behalf of respondent No. 4 is akin to that of respondents No. 1 to 3. 4. It is seen from the records that the petitioner is widow ...3... having three children and her case is liable to be considered in the light of Clause 12 of the Scheme for the appointment of Part Time Water Carriers in the schools of Education Department, Annexure A-2. Accordingly, there will be a direction to second respondent/competent authority to consider the case of the petitioner for appointment as Part Time Water Carrier against a vacant post in Tehsil Ghumarwin, subject to her making appropriate representation before the said respondent/competent authority within a period of one month from today alongwith copy of this judgment and the said respondent/competent authority shall decide the same within another three months after affording an opportunity of being heard to the petitioner, if so desired. 5. In view of the above, the petition stands disposed of, so also the pending CMP(s), if any. (V.K. Sharma) Judge 8th December, 2010 (virender)