IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 392 of 2007. Date of decision: 6.5.2009 Prem Singh …. Petitioner Versus State of H.P & Ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice V.K.Ahuja, J. Whether approved for reporting ? For the petitioner: Ms.Anu Tuli, Advocate For the respondents: S/Shri R.K.Bawa, Advocate General and R.M.Bisht, Dy.Advocate General for respondents No.1 and 2 Mr.I.D.Bali, Sr.Advocate with Mr.Virender Bali, Advocate for respondent No.4 _____________________________________________________ Deepak Gupta, J.(Oral) The only controversy in this case is in respect of the distance between the residence of the petitioner and the Government Primary School, Kiari where the petitioner was appointed as part time Water Carrier. The learned Tribunal vide the impugned order had set aside the appointment of the petitioner only on the ground that since the distance of the petitioner’s residence from the school is about 3 kms., he was entitled 2 to only 6 marks under the scheme whereas he had been awarded 10 marks. No other assessment of marks was made by the learned Tribunal. Keeping in view this controversy, we had passed an order on 3.5.2007 and the relevant portion of this order reads as follows:- “Respondents No.1, 2 and 4 may file their reply(s) to the writ petition within a period of three weeks from today. Before filing the reply, the respondents No.1 and 2 shall get the distance between the house of the petitioner and the school in question as well as distance from the house of respondent No.4 to the school measured from an Officer of the Public Works Department. The distance shall be shown both by motorable road and by the shortest foot path. List after three weeks.” The respondents alongwith the reply have annexed a communication dated 15.5.2007 wherein it is mentioned that the Junior Engineer has personally measured the distance from Siyarla to Kiari and from Dharposh to Kiari and he has given the distance from Siyarla to Kiari as 2.800 Km. and Dharposh to Kiari as 0.555 Km. There is no motorable raod available and the distance given is that of the footpath. Ms.Anu Tuli, learned counsel for the petitioner has strenuously urged before us that this certificate is not correct and from the residence to school, there are 3 various paths and since the petitioner was not associated with this inquiry, this report be not relied upon. We cannot agree with this submission. By an order of this Court, the respondents were directed to measure the distance both by motorable road and by the shortest foot path. The communication, in question, shows that there is no motorable road in existence between Siyarla to Kiari and from Dharposh to Kiari. The Junior Engineer has himself measured the distance on foot. We cannot discard this communication. Therefore, there is no merit in this writ petition which is accordingly dismissed. Stay order is vacated. ( Deepak Gupta ) Judge May 6, 2009 (V.K.Ahuja) (m) Judge