IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 8538 of 2008. Reserved on: 29.03.2010. Decided on : 20.04.2010. _____________________________________________________ Brij Bala. …Petitioner. -Versus- State of Himachal Pradesh and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1Yes. __________________________________________________________ For the petitioner. : Mr. Dilip Sharma, Advocate. For respondents No. 1 to 3. : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Ramesh Thakur, Assistant Advocate General. For respondents Nos. 4 and 5 : Mr. L.N. Sharma, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: Material facts necessary for the adjudication of this petition are that the petitioner has assailed the appointment of respondent No. 5 to the post of Gram Vidya Upasak in Government Primary School, Baghar. The post was notified on 28th March, 2002 and the last date of receipt of the applications was 15th June, 2002. Petitioner and respondent No. 5 were interviewed on 28th June, 2002. Petitioner has been awarded 48.5 marks by the selection committee and respondent No. 5 has been awarded 59 marks. The name of respondent No. 5 was 1 Whether the reporters of the local papers may be allowed to see the judgment?.Yes. - 2 - recommended for the post of Gram Vidya Upasak in Government Primary School, Baghar. Mr. Dilip Sharma, learned counsel for the petitioner has vehemently argued that his client was entitled to get 10 marks for being local resident of Gram Panchayat, Dhawas. He then contended that respondent No. 5 was not entitled to 5 marks being master of library and diploma course in computer training. Mr. R.K. Sharma, learned Senior Additional Advocate General and Mr. L.N. Sharma, learned counsel for respondents No. 4 and 5 have strenuously argued that the petitioner could not be granted 10 marks since his name was not recorded in the Gram Panchayat, Dhawas. I have heard the learned counsel for the parties and gone through the pleadings carefully. Petitioner and respondent No. 5 were interviewed for the post in question on 28th June, 2002. The criteria for filling up the post of Gram Vidya Upasak as per Annexure A-1, dated 28th March, 2002 reads thus: “Procedure for identification of vacancies, selection and contractual engagement of Gram Vidya Upasaks. Sr.No. Heading Existing provision Amendment. 11.8 Selected Weightage will be given in Weightage will be given in criteria following manner for the FIRST following manner for BATCH of recruitment of Gram the First year appointee Vidya Upasaks: of the FIRST BATCH of recruitment of Gram Vidya Upasaks: i) +2 marks (actual percentage secured) i) +2 marks (actual percentage to be calculate out of 60 Marks. Secured) to be calculated out of 50 Marks. ii) Graduate and above 5 Marks ii)Graduate and above 10 marks. iii) Certificate/Diploma 5 marks iii)No amendment being sought. Of atleast one years duration in any Teachers Training Course from a Recognized Board/University. iv) Local Resident (within the iv) -do- Panchayat). 10 Marks. - 3 - v) SC/ST. 5 Marks. V) -do- vi) OBC 5 Marks vi) -do- vii) Physically handicapped/ Disabled 3 Marks vii) -do- viii) IRDP families 2 Marks viii) -do- ix) Viva 5 Marks ix) -do- For subsequent recruitment in the No amendment being sought. Subsequent year weightage of +2 Percentage will be calculated on a 40 marks base and the percentage of marks Secured in the qualifying one year (Gram Vidya Upasak) Teacher Training Course the Percentage of marks will be calculated on a 25 marks base. The break-up of marks for subsequent year/recruitment will be as under:- i) +2 marks (actual percentage secured) to be calculated out of. 40 Marks. ii) Graduate and above 5 Marks. iii) One year GVU Teachers Training Course. 25 Marks iv) Local Resident (within Panchayat) 10 Marks v) SC/ST 5 Marks vi) OBC 5 Marks vii) Physically handicapped/Disabled. 3 Marks. viii) IRDP families 2 Marks ix) Viva 5 Marks.” A graduate is entitled to get 5 marks and a person with certificate /diploma of at least one year’s duration in any Teachers Training Course from a recognized Board/University is entitled for 5 marks and 10 marks are allocated for being local resident (within Panchayat). As per the reply filed by the respondent-State, petitioner has been awarded 48.5 marks and respondent No. 5 has been allocated 59 marks. Petitioner has not been awarded any marks for being local resident (within Panchayat), however, respondent No. 5 has been allocated 10 marks being resident of same Gram Panchayat, i.e., Gram Panchayat, Dhawas. She has also been allocated 5 marks for diploma. A perusal of Annexures A-2, A-3, A-4, A-5 and A-6 reveal that petitioner is a permanent resident of village Dhawas, P.O. Dhawas and Gram Panchayat Dawas. These entries were made up to 1989 in the Gram Panchayat and thereafter on the request of - 4 - petitioner vide Annexure A-4, fresh entries were made vide Annexure A-5. At the time of interview, petitioner has produced Annexure A-2, dated 13.06.2002. This certificate could not be overlooked by the selection committee. In other words, petitioner was required to be allocated 10 marks for being local resident of Gram Panchayat Dhawas. Mr. L.N. Sharma, learned counsel for respondents No. 4 and 5 has argued that the name of petitioner does not find mention in the Voter’s list Annexure R-5/A. It is true that the name of petitioner does not figure in this Voter’s list, however, there is overwhelming material placed on record by the petitioner that she belongs to Gram Panchayat, Dhawas, as noticed above. Respondent No. 5 has been allocated 5 marks under the category of master of library and diploma course in computer training course. Neither the master of library nor diploma course in computer training are recognized in Teachers Training Course/Diploma. Consequently, 5 marks could not be allocated to the petitioner under this category. However, fact of the matter is that in case 10 marks are allocated to the petitioner being resident of Gram Panchayat, Dhawas and 5 marks are subtracted from the marks allocated to respondent No. 5 wrongly, as noticed above, petitioner will secure 58.5 marks and respondent No. 5 will secure 54 marks. Consequently, in view of the observations made hereinabove, the petition is allowed. The appointment of respondent No. 5 to the post of Gram Vidya Upasak in Government Primary School Baghar is quashed and set aside. Respondents are directed to consider the case of petitioner for - 5 - appointment to the post of Gram Vidya Upasak in Government Primary School Baghar in view of the observations made hereinabove within a period of six weeks from today. No costs. (Rajiv Sharma) Judge April 20, 2010. (bhupender) - 6 - `