IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 2010 of 2008. Decided on: 8.4.2009. __________________________________________________ Ms. Kiran Bala … Petitioner. Versus The State of Himachal Pradesh and others. .… Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Sanjeev Sood, Advocate. For Respondents No. 1 to 3 : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. For Respondent No.4. : Mr. R.D. Kaundal, Advocate vice Mr. A.K. Gupta, Advocate. For Respondent No.5. : Nemo. ___________________________________________________________ Rajiv Sharma, Judge. Brief facts necessary for adjudication of this writ petition are that the petitioner was interviewed for the post of Volunteer Teacher on 24.11.1991. She has given her preference for Government Primary School, Dhaulakuan. The Selection Committee comprised of the District Primary Education Officer, Nahan, the Headmaster, Government Primary School, Jamta and the Block Primary Education Officer, Paonta. The Committee recommended the names of respondent No. 4 and one Shri 1 Whether reporters of the local papers may be allowed to see the judgment? No. 2 Mohinder Singh for the post of Volunteer Teachers in Government Primary School, Dhaulakuan. Mr. Sanjeev Sood, Advocate has strenuously argued that the selection of respondents No.4 and 5 is arbitrary. He contended that the petitioner has not been fairly assessed by the Selection Committee. He finally argued that the petitioner has not been allotted 30 marks under the distance criteria. The learned Senior Additional Advocate General has supported the selection criteria adopted by the State. I have heard the parties and have gone through the record carefully. The interview for the post of Volunteer Teacher was held on 24.11.1991. According to the learned Senior Additional Advocate General, the petitioner has been awarded 38.8 marks by the Selection Committee. Respondent No.4, Shashi has been awarded 61.8 marks. Respondent No.5 was not appointed to the post of Volunteer Teacher in Government Primary School, Dhaulakuan. His selection was for the post of Volunteer Teacher in Government Primary School, Gujjar Colony. In fact, Shri Mohinder Singh, who had secured 65.8 marks, was appointed as Volunteer Teacher at Government Primary School, Dhaulakuan with Ms. Shashi. It has come in the order passed by the learned Tribunal on 9.12.1992 on the basis of the record that the distance of school from her residence is 5 kms. and she has rightly been awarded 20 marks for the distance. Thus, the plea of Shri Sanjeev Sood that his client has not been awarded 30 marks for distance cannot be accepted. The petitioner has not substantiated by leading any 3 tangible evidence that the distance between her residence and school was less than five kilometers. The petitioner had appeared before the Interview Board on 24.11.1991. She was aware of the criteria prescribed for selection to the post of Volunteer Teacher. She cannot be permitted to assail the selection criteria after she has remained unsuccessful. She cannot be permitted to blow hot and cold. The petitioner has not added Shri Mohinder Singh as party-respondent. His selection could not be assailed by the petitioner without impleading him. Shri Mohinder Singh was a necessary party. Accordingly, there is no merit in this writ petition and the same is dismissed. No costs. (Rajiv Sharma), J. April 8, 2009. (cr)