IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No.95 of 2011 Date of Decision : April 18, 2011 Rajinder Singh Appellant Versus State of H.P. and others Respondents Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the appellant : Mr. Hamender Chandel, Advocate. For the respondents : Mr. R. K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J. K. Verma, Dy. A.G. for respondents No. 1 to 3. Justice Sanjay Karol, J. Both Sh. Rajinder Singh (appellant) and Smt. Kaushalaya Devi (respondent No.5) applied for the post of Part Time Water Carrier in Government Primary School, Pabas, Tehsil Chopal, District Shimla. Interview was held on 3.7.2002. Based on the criteria laid down for selection, the Selection Committee found Sh. Rajinder Singh to be more meritorious and accordingly recommended his name for appointment which was given to him. 2. Smt. Kaushalaya Devi challenged the said appointment by filing a Writ Petition [CWP(T) No. 8849 of 2008] which stands decided in terms of the impugned judgment dated 9.3.2011 passed by the learned Single Judge of this Court. 3. The learned Single Judge after calling for the record and minutely examining the same found that the marks as originally awarded to the 2 candidates were changed and mark sheet interpolated by members of the Selection Committee. Six marks originally awarded in favour of Smt. Kaushalaya Devi towards viva-voce examination were scored off and instead three marks given to her thus reducing her overall total to 21 marks. In case of Sh. Rajinder Singh three marks originally awarded towards viva-voce examination were scored off and in its place figure of seven was inserted so as to increase the total to 22 marks. The Block Elementary Education Officer has also filed an affidavit clearly admitting that over-writing was carried out in the result sheet. It is thus quite apparent that members of the Selection Committee had unduly favoured Sh. Rajinder Singh by carrying out interpolation in the result sheet. This was so done only to give undue benefit to Sh. Rajinder Singh and deprive Smt. Kaushalaya Devi of her legitimate right for appointment to the post in question. 4. We may also note that Smt. Kaushalaya Devi is a widow having minor children. She is more meritorious and deserving. There is a direction by the learned Single Judge, to the respondent to appoint her. For all the aforesaid reasons we see no ground to interfere with the said direction and the impugned judgment. The present appeal devoid of merit is thus dismissed. (Justice Kurian Joseph), Chief Justice. (Justice Sanjay Karol), Judge. April 18, 2011 (PK)