IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. (T) No. 14817 of 2008. Decided on: 21.06.2011. _____________________________________________________ Pritam 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. Dinesh Bhanot, Advocate. For respondents No. 1 & 2. : Mr. Vikas Rathore, Deputy Advocate General with Mr. R.P. Singh, Assistant Advocate General. For respondent No. 3. : Mr. R.R. Rahi, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Petitioner has assailed the appointment of respondent No. 3 to the post of Part Time Water Carrier in Government Primary School, Daroli, District Solan. In fact, the petitioner has submitted an application for considering his candidature to the post of Part Time Water Carrier on 10th January, 2007. However, the name of respondent No. 3 stood already approved by the competent authority on 8th January, 2007 and she has joined her duties in Government Primary School, Daroli 1st March, 2007. 2. Mr. Dinesh Bhanot, learned counsel for the petitioner has strenuously argued that the action of the respondents to appoint respondent No. 3 as Part Time Water 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - Carrier in Government Primary School, Daroli is wrong, illegal, arbitrary and, thus, violative of Articles 14 and 16 of the Constitution of India. 3. Mr. Vikas Rathore, learned Deputy Advocate General has supported the selection of respondent No. 3 to the post of Part Time Water Carrier. 4. In fact, the petitioner has applied for the post of Part Time Water Carrier on 10th January, 2007. The name of respondent No. 3 had already been approved by the competent authority on 8th January, 2007, pursuant to which, the Director of Elementary Education sent a communication to the Deputy Director of Elementary Education, Solan on 22.01.2007. In sequel thereto, respondent No. 3 joined her duties on 1st March, 2007. Name of the petitioner was approved on 29.01.2007 and the same was sent by the Director of Elementary Education to the Deputy Director of Elementary Education, Solan on 05.02.2007, but the same was sent by the Deputy Director of Elementary Education, Solan back to the Director of Elementary Education with the remarks that the appointment had already been given to respondent No. 3, whose name was approved under Rule 12 of the scheme for the post of Part Time Water Carrier in Government Primary School, Daroli. The Deputy Director, Elementary Education, Solan made a back reference to the State on 23.03.2007 by observing that no post of Part Time Water Carrier was lying vacant in Government Primary School, Daroli. It is evident from the facts narrated hereinabove that the name of respondent No. 3 stood approved prior to petitioner and she has joined her duties on 1st March, 2007. A person whose - 3 - case was considered prior in time under Rule-12 of the scheme, has a preferential right to be appointed as Part Time Water Carrier. The name of petitioner has only been approved on 29.01.2007, as noticed above, pursuant to which, the necessary instructions were issued to the Deputy Director of Elementary Education on 05.02.2007. He has rightly observed that since the name of respondent No. 3 stood approved prior in time, petitioner could not be appointed to the post of Part Time Water Carrier. In these circumstance, back reference made by the Deputy Director of Elementary Education on 23rd March, 2007 is justifiable since the petitioner cannot be appointed against the post of Part Time Water Carrier after the joining of respondent No. 3 as Part Time Water Carrier in Government Primary School, Daroli, District Solan. 5. Accordingly, in view of the observations and discussions made hereinabove, there is no merit in this petition and the same is dismissed. No costs. (Rajiv Sharma) Judge June 21, 2011. (bhupender) - 4 - `