IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No. 28 of 2011 Date of Decision: 5th July, 2011 Prem Chand Appellant Versus State of H.P. and others Respondents Coram The Hon’ble Mr. Justice Kurian Joseph,C.J. The Hon’ble Mr. Justice Sanjay Karol,J. Whether approved for reporting1? No. For the appellant: Mr. Rajesh Verma, Advocate For the respondents:Mr.R.K.Bawa, Advocate General, with Mr.Ankush D. Sood, Addl. A.G. for respondents No.1 to 3. Mr.Neel Kamal Sharma, Advocate, for respondent No.4. Mr.Lovneesh Kanwar, Advocate, for respondent No.5. Sanjay Karol, J. (Oral) For the post of Part Time Water Carrier in Government Primary School, Gawala, Tehsil Sarkaghat, District Mandi, appellant Prem Chand (original respondent No.5) was appointed. Undisputedly he belongs to Village Beri and the school is situated in Village Gawala. Village Beri does not fall in the feeding area of the concerned school. Hence his name was not recommended for selection, but, however, upon his representation to the government in terms of Whether the reporters of Local Papers are allowed to see the Judgment? 2 order dated 16.10.2004 Director of Education directed the Gram Panchayat, Gawala to issue orders of his appointment. Such directions were issued in exercise of its powers of relaxation of the terms of the policy. 2. This action was assailed by Smt. Piaro Devi respondent No.5 herein (original writ petitioner) on the ground that she was otherwise fully eligible and suitable for appointment. In terms of impugned judgment dated 30.10.2010, appointment of Prem Chand stands quashed by the learned Single Judge of this Court with a further direction to the State to redo the entire selection process for filling up the post. 3. Prem Chand no doubt was entitled to the benefits of reservation under the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 but the case of Piaro Devi was equally deserving as she was not only a Scheduled Caste candidate belonging to IRDP family but was also a widow hailing from the village falling within the concerned feeding area and yet her case was not considered. 4. On 18.6.2011 Deputy Director (Elementary Education) has clarified that no post of Water Carrier is lying vacant in the Government Primary School, Beri. Undisputedly Prem Singh does not hail 3 from the village/Panchayat in which the Primary School in question is located. 5. For the aforesaid reasons, we find no illegality/perversity in the impugned judgment. No ground for interference is made out. However, it shall be open for Piaro Devi to participate in the selection process for the post in question and for her the Government shall consider relaxing the condition of age for the reason that she had been perusing the matter at appropriate forum since long. Petition stands disposed of accordingly. (Justice Kurian Joseph) Chief Justice 5th July, 2011 (Justice Sanjay Karol) (C) Judge.