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2011 DIGILAW 3 (HP)

Pardeep Kumar v. State of Himachal Pradesh

2011-01-03

RAJIV SHARMA

body2011
Judgment Rajiv Sharma, J. Petitioner has assailed the appointment of respondent No.6 to the post of Technical Assistant, Gram Panchayat, Jawag-Chamrog-Jorna, Tehsil Chopal, District Shimla. The case of the petitioner, in a nutshell, is that he had also applied for the post of Technical Assistant and interviews were held on 1.9.2001. According to him, respondent No.6 does not belong to Gram Panchayat Jawag-Chamrog-Jorna, but he Whether the reporters of Local Papers may be allowed to see the judgment? No. has been offered appointment on 7th September, 2001 to the post of Technical Assistant. 2. Mr. Lalit Sehgal, Advocate appearing vice Mr. Peeyush Verma, learned counsel for the petitioner has strenuously argued that the appointment of respondent No.6 is contrary to the Scheme. Respondent-State was directed to file supplementary affidavit whether the candidates belonging to other Blocks could also apply for the post of Technical Assistant or not. The supplementary affidavit has been filed by the Additional Secretary (RD). It is averred in the supplementary affidavit that the eligible candidates not only from the concerned Block, but from other Blocks could also apply for the post of Technical Assistant. However, the candidates belonging to the same Gram Panchayat were entitled to 5 marks. The Scheme under which the Technical Assistants were to be appointed has been notified by the State vide notification dated 21st October, 2000. According to para 4 of the Scheme, the Technical Assistant was to be appointed for every 2-3 Panchayats and grouping of the Panchayats is to be based on their income. This grouping is to be done by the Block Development Officer concerned. The selection procedure has been given in para 5 of the Scheme. It is evident from para 5 of the Scheme that the candidates belonging to the same 2-3 Panchayats are entitled to 5 marks. It is thus evident that the candidates from the other Panchayats could also apply for the post of Technical Assistant. Petitioner’s suitability has been adjudged by the duly constituted Selection Committee. Respondent No.6 has been found more meritorious and his name was recommended for appointment to the post of Technical Assistant. 3. Accordingly, in view of the observations made hereinabove, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any. No costs.