IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 14117 of 2008. Decided on 14.06.2011. Attar Singh. …Petitioner. -Versus- State of H.P. and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Onkar Jairath, Advocate. For respondents No. 1 to 3. : Mr. Anil Jaswal, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. None for respondent No. 4. For respondent No. 5. : Mr. Dilip Sharma, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner has applied for the post of Part Time Water Carrier in Government Senior Secondary School Hallan, Tehsil Shillai, District Sirmour under Clause-12 of the scheme. Petitioner suffers from 80% disability. He belongs to the same village. He also belongs to S.C/I.R.D.P. category. Respondent No. 5 has also applied for the post in question. He has been offered appointment by invoking Clause-12 of the scheme. The Court is of the considered view that once the petitioner has also applied under Clause-12, his case was required to be considered alongwith respondent No. 5. Admittedly, this exercise has not been undertaken by respondents No. 1 to 3 while considering the candidature of respondent No. 5 to the post in question. 2. Consequently, the petition is allowed. The appointment letter issued in favour of respondent No. 5 on 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - 18.11.2006 is quashed and set aside. Respondents No. 1 to 3 are directed to re-do the entire selection process for filling up the post of Part Time Water Carrier in Government Senior Secondary School Hallan, Tehsil Shillai, District Sirmaur by considering the candidature of petitioner and respondent No. 5, within a period of eight weeks from the date of production of a certified copy of this judgment by the petitioner. It is made clear that till the selection process is completed in accordance with law, respondent No. 5 shall be permitted to discharge his duties as Part Time Water Carrier in Government Senior Secondary School Hallan, Tehsil Shillai, District Sirmaur. No costs. (Rajiv Sharma) Judge June 14, 2011. (bhupender) - 3 -