IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1704 of 2007 Date of decision: 04.05.2009 Nirmala Devi … Petitioner Versus Divisional Commissioner, Mandi Division & Ors. … Respondents Coram : The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the Petitioner: Mr. Ramakant Sharma, Advocate. For the respondents: Mr. R.K. Bawa, Advocate General with Mr. R.M. Bisht, Deputy Advocate General, for respondents No. 1 to 4. Mr. M.A. Khan, Advocate, for respondent No. 5. Per Deepak Gupta, J. (Oral): The petitioner by means of this writ petition has challenged the order of the learned Deputy Commissioner, Bilaspur, dated 3.9.2007, which in-turn has been upheld by the learned Divisional Commissioner, Kangra and Mandi Divisions at Dharamshala, vide order dated 28.9.2007. The brief facts necessary for the disposal of this case are that the petitioner was selected as Anganwari Worker at Anganwari 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 Centre, Dhalyani. Respondent No. 5 challenged the appointment of the petitioner on the ground that the said respondent had only been awarded 3.5 marks for matriculation, whereas she was entitled to 5.5 marks. Therefore, she was more meritorious than the petitioner. The learned Deputy Commissioner only decided this issue and held that the respondent No. 5 was entitled to 5.5 marks. The petitioner filed an appeal. The claim of respondent No. 5 that she was entitled to 5.5 marks, was not disputed. However, according to the petitioner, respondent No. 5 did not belong to the feeding village/Ward of Anganwari Area and it was also alleged that the income of the family of respondent No. 5 was more than Rs. 4 Lacs per annum i.e. much more than the prescribed limit. These points have been noted by the Divisional Commissioner, but we find that no decision has been given on the same. Therefore, without entering into the merits of the dispute, we set aside the order dated 28.9.2007 passed by the learned Divisional Commissioner, Kangra and Mandi Divisions at Dharamshala, remand the case to him and direct him to decide the matter afresh. He shall give his specific findings in respect of these two issues raised by the petitioner. We may make it clear that since the case is to be decided at the appellate stage, the Divisional Commissioner shall permit the parties to place documents on record in support of their case and he shall be entitled to call for a report from the officials concerned to help him in deciding the case. With the aforesaid observations, the writ petition is disposed of. The petitioner as well as respondent No. 5 are directed to appear before the Divisional Commissioner, Mandi, on 1st June, 2009. The petitioner shall produce a certified copy of the order before the 3 learned Divisional Commissioner, who shall make an endeavour to decide the matter as early as possible. CMP No. 2703 of 2007: In view of the disposal of the main petition, this application shall also stand disposed of. ( Deepak Gupta ), Judge ( V.K. Ahuja ), May 04, 2009 Judge (BSS) 4