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Himachal Pradesh High Court · body

2012 DIGILAW 436 (HP)

Balkar Singh v. State Of H. P.

2012-08-16

V.K.SHARMA

body2012
JUDGMENT : V.K. Sharma, J. The challenge herein in this writ petition under Articles 226 and 227 of the Constitution of India at the behest of the petitioner, is against the appointment of respondent No.6 as Part-time Water Carrier in Government Primary School, Kakroh, Centre-Pathiar, Education Block-Nurpur, Tehsil Jawali, District Kangra, H.P. (in short GPS Kakroh), vide order dated 24.1.2012, Annexure P-7. 2. The sole ground pressed into service by the petitioner against the aforesaid selection is that though at the relevant time, that is, between 7.4.2008 to 31.12.2011 the selected candidate, namely, respondent No.6 was working as a mid day meal worker in that very school, as is apparent from certificate dated 31.12.2011, Annexure P- 9, issued by Pradhan, School Management Committee of the said school (respondent No.4), yet at the same time, she procured a non-employment certificate dated 9.11.2011, Annexure P-11, from Pradhan, Gram Panchayat, Behi Pathiar (respondent No.4) to the effect that none of her family member was serving in any Govt./Semi Govt. and other private job. 3. The interview for the post of Part-time Water Carrier, which is under challenge in this writ petition, was held on 23.12.2011 and the result sheet is Annexure P-10, a perusal whereof would go to show that respondent No.6 was awarded 5 marks being a candidate belonging to unemployed family in terms of clause 7 of the scheme framed by the State Government for appointment of Part-time Water Carriers in the schools of Education Department (Elementary and Higher Education Departments), Annexure P-1, albeit the fact that even on the day of the interview she was working as mid day meal worker in that very school. However, in case the marks awarded to her being a candidate belonging to an unemployed family are excluded from consideration, the petitioner who had secured 21.5 marks would rank No.1 and respondent No.6 would be relegated to the second position with 17 marks to her credit. 4. Out of the respondents, respondents No.1 to 3 alone have appeared. The remaining respondents have chosen not to appear despite service. Reply has been filed only on behalf of respondent No.2, Sub Divisional Officer (Civil)-cum-Chairman of the Selection Committee, wherein it is stated as under vide paras 2 and 5:- "2. That the contents of this para are admitted to the extent of Annexure P-1 to P-7 and P-10 annexed with the petition being a matter of record. Reply has been filed only on behalf of respondent No.2, Sub Divisional Officer (Civil)-cum-Chairman of the Selection Committee, wherein it is stated as under vide paras 2 and 5:- "2. That the contents of this para are admitted to the extent of Annexure P-1 to P-7 and P-10 annexed with the petition being a matter of record. It is further admitted that interview was held on 23.12.2011 and result was declared on 24.01.2012 and as per Annexure P-7 annexed with the petition respondent No.6 was recommended for appointment to post of Part Time Water Carrier in GPS Kakroh. Rest of contents made in this para are denied for want of knowledge. "5. That the contents of this para are denied as the letter dated 24.01.2012 annexed with the petition as Annexure P-7 has been issued on the basis of marks sheet annexed as P-10 with the petition. The marks have been given on the basis of interview and certificates submitted by the candidates." (Emphasis supplied) 5. Thus it is manifest that respondent No.6 was awarded 5 marks on the basis of a false non-employment certificate dated 9.11.2011, Annexure P-11. Strangely enough the President of the School Management Committee (respondent No.4), who had issued certificate dated 31.12.2011, Annexure P-9, certifying that respondent No.6, Smt. Sunita Devi, was working as a mid day meal worker in the said school during the period 7.4.2008 to 31.12.2011, was also one of the members of the selection committee, as is manifest from result sheet dated 23.12.2011, Annexure P-10. Respondent No.3, Centre Head Teacher, Govt. Primary School, Pathiar was also a member of the selection committee apart from respondent No.2, SDO (Civil) being Chairman of the said committee. 6. In view of the above, the appointment of respondent No.6, Smt. Sunita Devi, as Part-time Water Carrier in GPS Kakroh as per order dated 24.1.2012, Annexure P-7, being manifestly illegal and unjustified, is hereby quashed and the petitioner is ordered to be appointed as such in her place with a direction to respondent No. 2 to issue appointment letter as Part-time Water Carrier in GPS Kakroh in his favour and take further action in the matter including execution of the requisite agreement of appointment within a week from the date of production of copy of this judgment by the petitioner before respondent No. 2. 7. 7. While parting I deem it expedient and in the interest of justice to direct the Deputy Commissioner, Kangra at Dharamshala to conduct an inquiry in the matter as to how and under what circumstances respondent No.4, Pradhan, Gram Panchayat, Behi Pathiar had issued the aforesaid non-employment certificate dated 9.11.2011, Annexure P-11, in favour of respondent No.6, Smt. Sunita Devi, albeit the fact that at the same time she was working as a mid day meal worker in the same very school as per certificate dated 31.12.2011, Annexure P-9, issued by respondent No.5, Pradhan, School Management Committee-cum-Member Selection Committee, whose act and conduct shall also be inquired into by the Deputy Commissioner for the reason that on the one hand she had issued certificate dated 31.12.2011, Annexure P-9, testifying that respondent No.6, Smt. Sunita Devi, was employed as mid day meal worker in that very school during 7.4.2008 to 31.12.2011 and on the other being a member of the selection committee was a party to the award of 5 marks in favour of the said candidate being a candidate belonging to an unemployed family. Ordered accordingly. The Deputy Commissioner shall also inquire into the act and conduct of Shri Om Prakash, the then Centre Head Teacher, Govt. Primary School, Pathiar, who was also a member of the selection committee. The inquiry shall be completed within three months from the date of receipt of copy of this judgment by the Deputy Commissioner. Based on the outcome of the inquiry to be held by the Deputy Commissioner, further appropriate action shall be taken by the concerned authorities, who shall be supplied copies of the inquiry report by the Deputy Commissioner, in accordance with law under intimation to the Registry of this court as expeditiously as possible and in any case within further six months from completion of the inquiry by the Deputy Commissioner. The Registry is directed to send a copy of this judgment to the Deputy Commissioner, Kangra at Dharamshala for information and compliance forthwith. 8. The petition stands disposed of in the above terms.