IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. : 7185 of 2008 Decided on : 22.10.2010 Leela Dhar … Petitioner. Versus State of H.P. and Others … Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 For the petitioner: None. For respondents No. 1 & 2 : Mr. R.K. Bawa, Advocate General with Mr. J.K. Khajuria, Deputy Advocate General. For respondents No. 3 and 4: Mr. Subhash Sharma, Advocate _______________________________________________________ Justice Kurian Joseph, C.J.(Oral). The petitioner has filed the present petition with the following prayers: - “7. a) The selection of the respondents 3 & 4 may be set aside and quashed. b) The respondent No.2 be directed to select the applicant for the post of Vidya Upasak and recommend his name for appointment.” 2. In the reply at para 6(iii), it stated thus:- “6. (iii) It is submitted that as per advertisement No. 4/99 dated 5.4.1999 for the posts of Vidya Upasaks enclosed as Annexure-R/1, there was no condition that only such candidates will be selected who belong to Sub-Division which they have opted in the application form. Any candidates who was resident of Himachal Pradesh could apply for the post of Vidya Upasaks in any Sub-Division. As regards the question of respondent No. 3 & 4 not belonging to the categories other than scheduled tribe, it is submitted that the selection of both these candidates was made on the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 basis of S.T. certificates duly issued by the competent authority. However, whole the record has been sent to the Director, Primary Education, in original alongwith recommendation vide letter No. HP-SSSB-A(1)-5/99 dated 14.03.2000 (Annexure-R/2). It is requested that the Director, Primary Education, HP, Shimla-1 may also be impleaded as respondent so that he could produce the certificates of respondents No. 3 & 4 before the Hon’ble Administrative Tribunal. In the light of above mentioned position, it is clear that no illegality has been committed in the selection of Vidya Upasaks of Sundernagar Sub-Division of Mandi district.” 3. In view of the reply filed by the respondents, in case the petitioner has still any grievance left, he may approach the first respondent, in which case the first respondent shall look into the matter and take appropriate action within a period of four months from the date of production of copy of this judgment by the petitioner. 4. With these observations the writ petition is disposed of, so also the pending application(s), if any. “Copy Dasti” (Justice Kurian Joseph), Chief Justice (Justice V.K.Sharma) Judge. 22nd October, 2010 cr / Pritam