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Himachal Pradesh High Court · body

2011 DIGILAW 274 (HP)

Santosh Kumari v. State of H. P.

2011-01-06

KULDIP SINGH

body2011
JUDGMENT Kuldip Singh, J (Oral) The petitioner has filed this petition, challenging the appointment of respondent No.6 as part time water carrier. The learned counsel for the petitioner has contended that the petitioner is not resident of Gram Panchayat, Kitpal where the school is located. He has submitted that as per clause-10 of the Policy/Scheme for the appointment of part time water carrier, the candidate should be resident of the Panchayat where the vacancy is to be filled up. 2. The respondents No.1 to 3 have contested the petition by filing reply and have submitted that in the interview respondent No.6 had secured 19 marks whereas petitioner had secured 17 marks and therefore, respondent No.6 was appointed as part time water carrier being higher in merit. 3. Mr. R.S. Jasrotia has filed affidavit dated 9.6.2008 and has stated that during the year 2002 he was posted as Sub Divisional Magistrate (Civil) at Nadaun, District Hamirpur. In the affidavit he has stated that Kamla Devi alias Jamana Devi was the resident of village Badoi.-Chelli which before the interview vested in Panchayat Kitpal. The candidate had mentioned in the application that she is resident of village Ansara. In reorganization this village Badoi-Chelli which was on the periphery of Kitpal Panchayat vested in village Ansara, which formed the part of Kitpal Panchayat. The contention of Kamla Devi alias Jamana Devi was supported by the report of Halqua Patwari dated 17.6.2002. The vesting of the village in Kitpal Panchayat is also supported by the certificate issued by Panchayat Inspector, Nadaun placed on original file. Pradhan and Gram Panchayat Secretary have also issued such certificates that Kamla Devi alias Jamana Devi widow of Haria is resident of village Ansara, Gram Panchayat Kitpal for which the interview was conducted. 4. The affidavit of R.S. Jasrotia, the then Sub Divisional Magistrate is very clear that the selected candidate respondent No.6 was resident of village Ansara, Gram Panchayat Kitpal at the relevant time. The appointment of respondent No.6 is on merit on the basis of interview. There is no merit in the petition which is accordingly dismissed.