IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 8851 of 2008 Decided on 08.12.2010 Jai Devi ..…Petitioner. Versus State of Himachal Pradesh and others …… Respondents. _____________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 Yes. For the Petitioner : Mr. Ajay Sharma, Advocate. For respondents : Mr. Anil Jaswal, Dy. Advocate General for respondents No. 1 and 2. Mr. Jagdish Thakur, Advocate for respondent No.3. V.K.Sharma, Judge (Oral) The petition has been filed on the following prayer:- “Impugned selection of the respondent No.3 as made by the respondents No. 1 and 2 vide Annexure A-2 may very kindly be quashed and set aside with directions to the respondents to consider the candidature of the applicant and she being eligible in all respect, may kindly be ordered to be selected in the interest of justice.” 2. In the reply filed on behalf of respondents No. 1 and 2, the following stand has been taken vide para 6:- “That in reply to para no. 6 and its subparas it is submitted that the selection committee headed by the SDO (Civil) as its Chairman and three other 1 Whether reporters of the local papers may be allowed to see the judgment?. Yes. 2 members Pradhan of the concerned Panchayat Block Primary Education Officers and center Head Teacher of the concerned of the respective Block scrutinized the application received in response to the vide publicity and the awarded marks of the bases of the documents submitted by the candidates and as per the notification issued by the Govt. in this regard on the bases of recommendation of selection committee the Candidate securing the higher marks has been appointed. In the instant case is the applicant and the respondent no. 3 had obtained the marks as given below- Applicant:- _____________________________________________________ Distance from whether land Sc/st Whether un-emp. Viva Total Home to school donated obc family marks Neither the applicant applied the school nor appeared. Respondent No.3:- Distance from whether land Sc/st whether un-emp. Viva Total Home to school donated obc family marks Yes --- yes no 5 18 10 ---- 3 _____________________________________________________ Since the respondent no. 3 has secured 18 marks and per record the applicant neither applied in the school nor appeared in interview in the said school. Therefore respondent no. 3 has been offered appointment on recommendation of the selection committee in accordance with the instructions.” 3.. Respondent No. 3 has filed separate reply which is akin to that of respondents No. 1 and 2. 3 4. Rejoinder refuting the above stand and reiterating the averments set up in the petition has also been filed. 5. It is seen from the records that though the stand on behalf of the respondents is that the petitioner was not a candidate for the post of part time water carrier in question and as such she is not entitled to file and maintain the present petition, yet it is manifest from the averments set up in the rejoinder and the interview letter annexed therewith that the petitioner had in fact applied for the said post and was also issued interview letter and as per her, she had duly appeared in the interview. 6. In view of the above, there will be a direction to respondent No.1 to consider the case of the petitioner for appointment against the vacant post of part time water carrier in Tehsil Amb, Distt. Una, subject to her making a representation along with copy of this judgment to the said respondent within one month from today and the said respondent shall consider and take final decision thereon in accordance with law and justice taking into consideration Clause 12 of the recruitment Scheme for the appointment of Part Time Water Carriers in the Schools of Education Department (Annexure A-3), within next three months after affording an opportunity of being heard to the petitioner, is so advised. 4 7. The petition, so also the pending CMP(s), if any, shall stand disposed of in the above terms. Copy dasti. (V.K. Sharma) Judge 8th December, 2010. Lsp*