BIMLA DEVI Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) THE petitioner, who has not selected as Part Time Water Carrier and has filed the present writ petition claiming the following substantive reliefs:

(2.) THE post of Part Time Water Carrier was vacant in the office of the Deputy Director of Elementary Education, Kullu and applications from eligible candidates were called for. The petitioner and respondent No. 4 appeared for the interview held on 16.2.2012 and it was the respondent No. 4, who is selected and appointed as Part Time Water Carrier.

(3.) THE official respondents in their reply opposed the claim of the petitioner by supporting the selection of respondent No. 4. It was submitted that the certificate concerning the distance had been issued by Patwari Halqua which had been verified and counter -signed by Naib Tehsildar, Kullu in which it has been certified that respondent No. 4 was a resident of lower Dhalpur, Kullu, Ward No. 6, House No. 23 for the last 20 years and the school which was about 20 meters away from the office of respondent No. 3. It was further averred that though the petitioner had also produced her temporary residential certificate of Kullu, but she was a permanent resident of Village Peej, which was almost 15 KMs away from the school and the distance of the office of respondent No. 3 from her residence was about 750 meters and same marks had been awarded for distance for the category of 'distance' to both the petitioner and respondent No. 4. It was also submitted that the petitioner had been working as Mid -day Meal Worker at Government Senior Secondary School (Boys), Kullu and was therefore, ineligible for even being considered much less being appointed as a part time water carrier. The abstract of the marks awarded by the selection committee to the petitioner and respondent No. 4 were also given and is reproduced hereinunder: