IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4615 of 2011. Decided on: 11th October, 2011. Daleep Singh Petitioner 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 Petitioner : Mr. Hamender Chandel, Advocate. For the Respondents: Mr. R.K. Bawa, Advocate General, with Mr. Ankush Dass Sood, Additional Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) Petitioner approached this Court when his candidature for appointment to the post of Art and Craft Teacher, reserved for physically impaired people has been rejected on account of the place of residence. It appears that rejection of the application was only on the ground that the petitioner did not belong to the district of Kangra. 2. Having heard learned Additional Advocate General and having gone through the instruction, we do not find any justification for rejection on that ground and hence by interim order we directed the petitioner also to be interviewed provisionally. The Deputy Director of Education, Kangra is 2 present before us. It is submitted that three candidates participated in the interview, held on 15th September, 2011, including the petitioner, but, none produced the first year certificate of the Art and Craft diploma. On account of such non production, except for the performance in the interview and knowledge assessed at the time of interview, the candidates have not been assessed in respect of other factors. Having regard to the facts and circumstances of the case, particularly the fact that this is a selection in respect of a post which was notified in the year 2008 for 3% category of physically challenged people and in particular for physically impaired people, we are of the view that one chance should be given to the three candidates to produce their first year diploma certificate. In the case of the petitioner, first year diploma certificate shall be the diploma from Rajasthan Vidya Peeth. 3. There will be a direction to the Deputy Director to fix a date for such production and in the event of any candidate producing the certificate, as above, rest of the parameters shall also be assessed and the merit drawn up accordingly and on the basis of the merit, as above, successful candidate shall be appointed and rest of the candidates shall be kept in waiting list. The needful shall be done within a period of one month from today. The marks sheet made available by the Deputy 3 Director before this Court shall be returned to him in a sealed cover. 4. The writ petition is disposed of, so also the pending applications, if any. Authenticated copy to the parties. (Justice Kurian Joseph), Chief Justice 11th October, 2011(K) (Justice Sanjay Karol), Judge.