IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP-T No. 2324 of 2008 Date of decision: 30.5.2011 Gopal Singh …..Petitioner Versus State of H.P. Ors. ….Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No For the petitioner: Ms. Ranjana Parmar, Advocate. For the respondents: Mr. Vivek Singh Thakur, Additional Advocate General for respondents No. 1 to 3. Mr. O.P. Sharma, Sr. Advocate with Mr. K.R. Kashyap, Advocate, for respondent No.4. _____________________________________________________ Deepak Gupta, J(oral) 1. The petitioner, by means of this petition, has prayed that respondent No.4 be directed to permit the petitioner to join as Part Time Water Carrier in Government Primary School, Panjah, Education Block, Nohradhar, Tehsil Sangrah, District Sirmaur under Rule 12 of the Part Time Water Carrier Scheme, 2001. 2. The undisputed fact is that the appointment letter was issued in favour of the present petitioner ordering that he 2 be appointed as Part Time Water Carrier under Rule 12 of the Scheme. It appears that the name of the petitioner was approved by the Hon’ble Chief Minister, but the petitioner was not actually permitted to join. From the reply, it is apparent that one Shri Jagdish Kumar filed OA No. 2057 of 2006, in which he pleaded that Gopal Singh had produced a fake certificate showing that he was handicapped to the extent of 90%. He, therefore, challenged the appointment of Shri Gopal Singh. The learned Tribunal vide its order dated 16.6.2006 disposed of the same with a direction to the State of Himachal Pradesh to treat the original application as representation and decide the same within four weeks after hearing Jagdish Kumar and Gopal Singh, respondent No.4. It is apparent that Gopal Singh was also a party to those proceedings. It appears that such representation was decided on 30.8.2006 in favour of Jagdish Kumar, but in the meanwhile, Gopal Singh had also filed the present petition and therefore, no appointment letter was issued. It further appears that notwithstanding the decision on the representation in favour of Jagdish Kumar, the State also approved the name of one Shri Ramesh Kumar for being appointed as Part Time Water Carrier. Now there are three contenders to this post. 3. In view of aforesaid situation, the present petition is disposed of with a direction to the State to consider the cases of the petitioner Shri Gopal Singh, Shri Jagdish Kumar and Shri Ramesh Kumar for appointment as Part Time Water 3 Carrier under Rule 12 of the Scheme. The concerned authority shall ensure that after considering the comparative merit of the three candidates, appointment order is issued in favour of most deserving candidate latest by 30th September, 2011. The petition is disposed of accordingly. No costs. May 30, 2011 (Deepak Gupta) (vt) Judge