ORDER Narinder Thakur, Vice Chairman :- The applicant is aggrieved by the selection of respondent No. 7 as Gram in Vidya Upashak by the respondents No. 3 to 6. It is alleged that the respondents No. 3 to 6 initially selected the applicant as Gramin Vidya Upasak as per Annexure A-V and then deleted the name of respondent No. 7 was entered in Annexure A-VI. The case of the applicant is that she has passed M.A. (history) and is bonafide resident of Village Darini Tehsil Shahpur Distt. Kangra, HP. She applied on June 22,2002 in pursuance to advertisement for the post of Vidya Upasak in Govt. Primary School, Mahar. There is no one in the Govt. employment from her family and the applicant \s duly registered with the Regional Employment Exchange, Dharamsala. The applicant appeared before the Selection Committee on July 12, 2002 at Government Primary School, Rirakmar under Gram Panchayat, Rirakmar Tehsil Shahpur District Kangra, HP. Vide Annexure A-V, she was initially declared as selected candidate. However, later on her name was deleted by the respondents No. 3 to 6 on their own on the plea that the applicant does not belong to gram Panchayat Rirakmar and she belonged to Gram Panchayat, Drini. It is stated that the father- in-law of the applicant has their own landed property in village Rirakmar as per Himachal Pradesh Kisan Pass Book (Annexure A-7). The respondents have selected one Sh. Vijay Kumar whose name is neither registered in Family Register in Gram Panchayat, Hirakmar nor he has Ration Card of the said Panchayat. 2. Reply has been filed by the respondents. The respondents in their reply has averred that the applicant is permanently residing in Darini Panchayat whereas the post of Gramin Vidya Upasak was created in Rirkamar Panchayat and as such, she has not got the marks for local Panchayat and post Graduation. It is stated that the applicant had also applied in Darini Panchayat and she had obtained 46 marks in all which are less than that on the selected candidate. It is further submitted that the Pradhan of Gram Panchayat, Rirkmar has wrongly issued the certificate that the name of Vijay Kumar does not exist in Family Register and Ration Card. A copy of Bonaifde Himachal Pradesh issued by the Executive Magistrate-cum-Tehsildar, Shahpur Distt. Kangra is annexed as Annexure R/1.
It is further submitted that the Pradhan of Gram Panchayat, Rirkmar has wrongly issued the certificate that the name of Vijay Kumar does not exist in Family Register and Ration Card. A copy of Bonaifde Himachal Pradesh issued by the Executive Magistrate-cum-Tehsildar, Shahpur Distt. Kangra is annexed as Annexure R/1. It is stated that the marks for local Panchayat and Graduation have been deleted by the Selection Committee. After knowing the mistake, the Selection Committee issued fresh list of selected candidates. The marks obtained have been reflected as under- (1) Monika Gupta - Applicant (i) 10+ 2 21 out of 50 (164/400= 41% (ii)Viva 5 out of 10 Total 26 (2) Satish Kumar- Respondent No.7 (i) 10+2 18 out of 50 (143/400 =36%) (ii) Graduation 10 (iii) Local Panchayat 10 (iv) IRDP 2 (v) Viva 4 Total : 44 3. Rejoinder has also been filed by the applicant reiterating mainly the contentions already raised in the Original Application. 4. Admittedly, the applicant was declared selected candidate vide Annexure A-V. However, later on, the cuttings were made on Annexure A-5 and the respondent No. 7, Sh. Satish Kumar has been shown to be a selected candidate. 5. The respondent/Selection Committee while declaring the result as per Annexure A-5 did so on the basis of certificates available before it. Once, they have declared the results, they had no say in the matter. However, they had resorted to an exercise without observing barest minimum principles of natural justice while changing the name of selected candidate and deducting 10 marks each for Pachayat/residence and post Graduation. Thus, the applicant has been condemned un-heard. She has placed on record the certificate (Annexure A-111) issued by the Pradhan which shows that she has landed property under the Gram Panchayat, Rirakmar. She has also placed on record the marks sheet of M.A.(History) as Annexure A-11. It is not understood neither explained as to why she has not been given marks for Graduation when she is already a post Graduate. 6.
She has also placed on record the marks sheet of M.A.(History) as Annexure A-11. It is not understood neither explained as to why she has not been given marks for Graduation when she is already a post Graduate. 6. Looking into the matter in its entirety and in peculiar facts and circumstances of the case, the present Original Application is disposed of with the direction that the respondent/Selection Committee, will afford an opportunity of being heard to the applicant by issuing her proper Show-cause notice to which the applicant will be given sufficient time to make a written representation which will be considered in the light of material before the Selection Committee and take the decision in accordance, with the rules and regulations by passing a speaking order. Till then, no appointment will be made. These directions be complied within eight weeks from this order. With the aforesaid observation and directions, the present Original Application stands disposed of with no order as to costs. -