IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA LPA No. 180 of 2010 Date of Decision:12th July, 2011 Vijay Rani Appellant Versus State of H.P. and others Respondents Coram The Hon’ble Mr. Justice Kurian Joseph,C.J. The Hon’ble Mr. Justice Sanjay Karol,J. For the appellants :Mr.Onkar Jairath, Advocate. For the respondents:Mr.R.K.Bawa, Advocate General, with Mr.Ankush D. Sood, Addl. A.G. for respondents No.1 and 2. Ms. Suman Thakur, Advocate, for respondent No.4. Sanjay Karol, J. (Oral) Smt. Vijay Rani appellant herein was appointed as a Part-Time Water Carrier in Govt. Primary School, Hathloon, Tehsil Bangana, District Una, H.P. pursuant to an interview held on 17.8.2002. Her appointment was challenged by Smt. Ashok Kumari by way of CWP (T) No. 5921 of 2010, which stands decided by the learned Single Judge in terms of impugned judgment dated 5.7.2010. 2. In the impugned judgment, it is observed that Selection Committee awarded 20 marks to Smt. Ashok Kumari and 22 marks to Smt. Vijay Rani, 2 however, Committee failed to award 5 marks to Smt. Ashok Kumari for the reason that no member from her family was employed in a government/semi-government Organization. As such by giving 5 more marks to Smt. Ashok Kumari, appointment of Smt. Vijay Rani was set aside and respondents were directed to give appointment to her. 3. However during the course of hearing, parties have placed on record various letters dated 5.10.2010 issued by the Public Information Officer, unambiguously disclosing the fact that husband of Smt. Ashok Kumari is engaged as a volunteer with the Home Guards since the year 2001 and has been uninterruptedly discharging his duties since then. Not only that, he has also been receiving remuneration running in to several thousands of rupees and certainly more than Rs.12,000/- per annum, which is beyond the prescribed limit stipulated under the policy in question, framed by the State of Himachal Pradesh. As such, it cannot be said that Smt. Ashok Kumari was entitled to 5 more marks on account of the fact that no member of her family was employed in government/semi government organization. 4. Consequently, for the foregoing reasons, present appeal is allowed and impugned judgment dated 5.7.2010 passed in CWP (T) No. 5921 of 2008, 3 titled as Ms. Ashok Kumari vs. State of H.P. and others, is set aside. (Justice Kurian Joseph) Chief Justice 12th July, 2011 (Justice Sanjay Karol) (C) Judge.