IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 179 of 2010 Date of Decision : April 4, 2011 Sohan Lal Appellant Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the appellant : Mr. P.P. Chauhan, Advocate. For the respondents : Mr. R. K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J. K. Verma, Dy. A.G. for respondents No. 1 to 3 and 5. Mr. G. S. Rathour, Advocate, for respondent No. 6. Justice Sanjay Karol, J. (Oral) For the post of part time water carrier in Government Primary School, Kumbharala in Nerwa Block, Tehsil Chopal, District Shimla interviews were held on 30.7.2002. 2. As per the criteria laid down in the notification dated 27.7.2001 which was applicable at the relevant time the marks to be awarded on account of distance are as follows:- “In the interview marks shall be awarded to the candidates out of 30. The distribution of marks shall be as under:- 1) For candidates of village/Town at distance: 2 a) Upto 1.5 Km from School: 10 marks. b) upto 2 km from school: 08 marks c) upto 3 km from school: 06 marks. d) upto 4 km from school: 04 marks. e) upto 5 km from school: 02 marks.” 3. Marks awarded to the appellant herein Sh. Sohan Lal and private respondent Sh. Saibu Ram are as under:- S. Name of Candidate Distance S/C nonem- Land Viva Total N. ployment doner 1. 2. 3. 4. 5. 6. 7. ---------------------------------------------------------------------------------------- 1. Sh. Saibu Ram 10. 3. 5. -- 5. 23. (Petitioner) 2. Sh.Sohan Lal 10. 3. 5. -- 6. 24. (Respondent No.5) 4. On the basis of marks so awarded Sh. Sohan Lal was given appointment. Sh. Saibu Ram challenged the same by filing Civil Writ Petition before this Court on the ground that distance between the village of Sh. Sohan Lal and the school in question is more than 1.5 k.m. and as such ten marks wrongly stand awarded to him. Under directions of the Court, the Assistant Engineer H.P.P.W.D. Nerwa, after measuring the distance issued certificate to the effect that distance between the house of Sh. Sohan Lal at Kandal and the school in question is 4.5 k.m. Thus on the point of distance Sh. Sohan Lal was wrongly awarded ten marks instead of four marks. Thus Sh. Saibu Ram having secured more marks was held entitled to the appointment of a part time water carrier instead of Sh. Sohan Lal whose appointment was quashed by the learned Single Judge. 3 5. In the instant appeal, on the asking of Sh. Sohan Lal a direction was issued to the Assistant Engineer, H.P. PWD, Nerwa to measure the actual distance between the house of Sh. Sohan Lal and G.P.S. Kumberla, the school in question, through the shortest route, path-way and non-motorable road now available. In compliance thereof affidavit dated 19.3.2011 stands filed annexing the distance certificate to the effect that the distance, through the shortest route/pathway is 2.670 km. Having considered the same we are still of the view that Sh. Sohan Lal was wrongly awarded ten marks towards the distance whereas, as per the latest certificate it should be six. The over all position still does not emerge in favour of Sh. Sohan Lal as his marks being twenty, are still less than twenty three awarded to Sh. Saibu Ram. No other point urged. Consequently we find no reason to interfere with the judgment passed by the learned Single Judge of this Court in CWP(T) No. 8651 of 2008, titled as Saibu Ram versus State of H.P. and others, decided on 26.7.2010. Appeal is accordingly dismissed. (Justice Kurian Joseph), Chief Justice. (Justice Sanjay Karol), Judge. April 4, 2011 (PK)