IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 2012 of 2008. Decided on: 25.5.2009. ___________________________________________________________ Shri Prem Singh. … Petitioner. Versus The State of H.P. and others. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Sanjeev Sood, Advocate. For Respondents No.1to3 : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Ramesh Sharma, A.A.G. For Respondent No.4 : Nemo. __________________________________________________________ Rajiv Sharma, Judge. The interviews for the post of Volunteer Teachers were held on 5.12.1991. The precise case of the petitioner is that the Selection Committee has not awarded him 30 marks as per the criteria laid down for selection to the post of Volunteer Teacher. According to him, his residence was situated at a distance of less than 3 kilometers from the school and he was entitled to 30 marks. The petitioner had secured 26.8 marks as per the merit list drawn by the Selection Committee. The selected candidate, i.e. respondent No. 4 had secured 58.2 marks as per Annexure D-2/T. Mr. Sanjeev Sood has strenuously argued that action of the respondents of not allotting 30 marks for distance is arbitrary. He then contended that his client was entitled to 30 marks as per 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 certificate produced before the Committee. He further contended that allotting 25 marks in the interview is excessive. The learned Senior Additional Advocate General has argued that the certificate, i.e. Annexure D-1 issued by the Gram Panchayat, Dugana could not be taken into consideration by the Selection Committee since the same was issued by the Up- Pradhan instead of Pradhan. I have heard the parties and have gone through the pleadings carefully. The petitioner had produced certificate Annexure D-1/T certifying the distance from his residence to Government Primary School, Minnal Bagh. This certificate has been issued by the Up- Pradhan and not by the Pradhan. This certificate has been rightly ignored by the Selection Committee. The petitioner had secured 26.8 marks. The selected candidate Shri Khazan Singh has secured 58.2 marks. In case the petitioner is also allotted 30 marks for distance, he will secure only 56.8 marks. The petitioner had appeared in the interview without any protest. In case, he was aggrieved of excessive marks allotted for the interview, he should have assailed the same before appearing in the interview. He is estopped from challenging the selection process. Accordingly, there is no merit in this petition and the same is dismissed. No costs. (Rajiv Sharma), J. May 25, 2009. (cr)