CWP(T) No. 5981/2008 (OA 2175/99) 17.05.2010 Present: Mr. K. C. Sankhyan, Advocate, vice Mr. Bhuvnesh Sharma, Advocate, for the petitioner. Mr. R. M. Bisht, Dy. Advocate General and Mr. P. M. Negi, Dy. Advocate General, for the respondents No. 1 to 4. Mr. H. K. Paul, Advocate, for respondent No. 5. The petitioner has filed this petition challenging the appointment of Water Carrier in the year 1999. No interim order was granted in favour of the petitioner. Learned vice Counsel appearing on behalf of the petitioner also pleads no instructions. 2. In the return the respondents have stated as under: “That in reply to this para it is submitted that as per the information received from the respondent No. 4 Block Primary Education Officer Karsog-II the applicant was only the scheduled caste candidates amongst the all candidates, who had applied for the post of part time water carrier. However, it is submitted that the roster point for scheduled caste/scheduled Tribe, Ex-servicemen/OBC etc. was fixed on the basis of percentage of students of the respective categories studying in the school. The lowest roster point of scheduled caste came to the school having 56-75%, where as in the Primary School Sheog the percentage of the scheduled caste students was 55.55%. Therefore no wrong has been committed not recommended the name of scheduled caste category.” 3. This fact is not controverted. From the record it could not be shown as to how the legally enforceable right of the petitioner stands violated. Present petition as such is dismissed. (Sanjay Karol), Judge. May 17, 2010 (PK)