- (1.) BY the Court.- This Appeal has been filed against the judgment and order dated 16.7.2009 passed by the learned Single Judge in Civil Misc. Writ Petition No. 17433 of 2008, whereby in a matter pertaining to the appointment on the post of Shiksha Mitra, the claim of the petitioner has been rejected upholding the order of District Magistrate dated 15.2.2008.
(2.) THE facts giving rise to this Appeal are that under the Government Order dated 10.10.2005, an advertisement was issued for appointment on the post of Shiksha Mitra at Village Kalauli Teer, District Hamirpur, and the petitioner applied on 11.11.2005 against the unreserved post indicated in the Advertisement. The Government Order dated 10.10.2005, a copy whereof is enclosed as Annexure-1 to the petition, makes provisions forgiving of weightage to certain categories of candidates. The petitioner-appellant claimed weightage under the physically handicapped category as per Paragraph No. 1 Clause 9 of the said Government Order which states that a weightage of 10% shall be given to such candidates, on the average of the aggregate of the marks obtained in relation to the minimum educational qualifications prescribed under the Government Order. The petitioner was not selected and, as such, he filed a writ petition in this Court being Civil Misc. Writ Petition No. 28090 of 2007 wherein a direction was issued on 4.12.2007 directing the competent authority to decide the petitioner's representation in accordance with law. The petitioner, accordingly, represented the matter on 17.12.2007 and the same was rejected on 15.2.2008 by the District Magistrate, Hamirpur. The rejection order dated 15.2.2008 recites that the petitioner, upon being given the weightage, had obtained the 8th rank in merit and, therefore, he was not entitled for being selected. The average of the aggregate marks obtained by the petitioner, according to his educational qualifications, came to 49.31. This figure is not disputed by the petitioner. The District Magistrate added 10% of the aforesaid figure and upon such addition the marks of the petitioner came to be 54.24 which placed him at serial No. 8 in the merit list.
(3.) THE petitioner assailed the aforesaid order in the writ petition which has given rise to the present Appeal. The learned single Judge, upon a consideration of the matter, came to the conclusion that the District Magistrate has neither made any mistake of calculation nor has he committed any error in law so as to declare the order impugned illegal. The Court also took the Government Order dated 24.4.2006 into consideration and thereafter dismissed the Writ Petition.;