IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 11149 of 2008. Reserved on: 22.12.2010. Decided on: 30.12.2010. __________________________________________________________ Piaro Devi. … Petitioner. Versus State of Himachal Pradesh and others. … Respondents. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 Yes. For the petitioner : Mr. Lovneesh Kanwar, Advocate. For the Respondents : Mr. P.M. Negi, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General for respondents No.1 to 3. Respondent No.4. ex-parte. Mr. Rajesh Verma, Advocate vice Mr. Rajender Dogra, Advocate for respondent No.5. Rajiv Sharma, J.: Petitioner has assailed the appointment of respondent No.5 to the post of Part Time Water Carrier in Government Primary School Gawala, Tehsil Sarkaghat, District Mandi, H.P. The case of the petitioner, in a nutshell, is that she belongs to Scheduled Caste category. She also belongs to I.R.D.P. category and is widow. She has made a representation to the competent authority for considering her candidature 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. - 2 - for appointment to the post of Part Time Water Carrier as per clause 12 of the Scheme formulated by the Government of Himachal Pradesh vide Notification dated 27.7.2001. However, to the utter surprise of the petitioner, respondent No.5 has been appointed as part Time Water Carrier in Government Primary School, Gawala. 2. Mr. Lovneesh Kanwar, learned counsel for the petitioner has strenuously argued that the case of the petitioner was required to be considered for appointment to the post in question as per clause 12 of the Scheme. According to him, appointment of respondents No.5 is contrary to the provisions of the Scheme framed by the State Government since respondent No.5 belongs to village Beri and not to village Gawala, where the school is situate. Mr. P.M. Negi, learned Deputy Advocate General and Mr. Rajesh Verma have supported the appointment of respondent No.5. 3. I have heard the learned counsel for the parties and gone through the pleadings carefully. 4. Respondent-State has issued a Notification dated 27th July, 2001 for filling up the post of Part Time Water Carrier in the schools of Education Department. The eligibility criteria is prescribed under clause 3 of the Scheme. Clause 5 provides for advertisement/notification of vacancy. Clause 10 provides that the candidates with requisite education qualifications should be permanent resident of the same village/Panchayat/Urban Local Body, in which the Primary School is located, for which the vacancy has been notified. Respondent No.5 belongs to village Beri. The petitioner belongs to village Gawala where the Primary School is situate. Mr. P.M. Negi, learned Deputy Advocate General submits that respondent No.5 is appointed against 1% - 3 - reservation under the Persons with Disabilities Act, 1995. According to him, the Directorate of Social Justice & Empowerment vide letter dated 5.6.2002 had directed the Deputy Director of Primary Education, Mandi to issue necessary appointment order to respondent No.5 after observing all the codal formalities. The letter was endorsed to the Director of Social Justice & Empowerment, Shimla. The Deputy Director of Primary Education, Mandi vide his letter dated 9.7.2004 has requested the Pradhan, Gram Panchayat, Gawala to offer appointment to respondent No.5 on contract basis. However, the Pradhan did not issue any appointment letter to respondent No.5 since he did not belong to Gram Panchayat, Gawala. The Director, Social Justice & Empowerment vide letter dated 9.8.2004 had been informed by the Director of Education to take action against the concerned Pradhan. Respondent No.2 has again informed on 16.10.2004 the Director of Social Justice & Empowerment that the Pradhan was not issuing appointment letter to respondent No.5. Respondent No.2 has also taken up the matter with the State Government for relaxation of Clause 3 and 10 of the policy qua respondent No.5. The relaxation was granted on 4.11.2004. However, the fact of the matter is that respondent No.5 has not till date been appointed. The procedure for filling up the post(s) has been given in the Notification dated 27.7.2001. It is imperative as per the Scheme that the candidate should belong to the same village/Panchayat/Urban Local Body, in which the Primary School is located, for which the vacancy has been notified. The school in question falls in Gram Panchayat, Gawala. Respondent No.5, admittedly, does not belong to Gram Panchayat, Gawala. He belongs to Gram Panchayat Beri. In fact, this condition has been reiterated in Clause 3 and 10. The Court is of the considered view - 4 - that there was no justification for grant of relaxation by the State Government on 4.11.2004 so far as the filling up the post of Part Time Water Carrier in Government Primary School, Gawala was concerned. Respondent No.5 may be belonging to handicapped category, but the petitioner is also handicapped being widow and belonging to Scheduled Caste and I.R.D.P. category. She has also made a representation on 30.7.2004 for considering her candidature under clause 12 of the Scheme. The petitioner is also a landless lady and no member of her family is in Government/Semi Government service. 5. Accordingly, in view of the above discussion and observations made hereinabove, since the respondent No.5 did not belong to village Gawala, he could not be appointed as Part Time Water Carrier in Government Primary School, Gawala. 6. Consequently, for the foregoing reasons, the petition is allowed. Appointment of respondent No.5 as Part Time Water Carrier in Government Primary School, Gawala is quashed and set aside. The respondent-State is directed to re-do the entire selection process for filling up the post of Part Time Water Carrier in Government Primary School, Gawala, within a period of two months from today. The pending application(s), if any, also stands disposed of. No costs. (Rajiv Sharma), Judge. December 30, 2010. (sck).