JAMUNA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner belongs to below poverty line category. She is 50% physically challenged. She submitted an application for considering her candidature for the post of Part Time Water Carrier in Government Primary School, Sherla. It has come in the reply that the name of the petitioner alongwith one Nika Ram was approved by the Government for the post of Part Time Water Carrier for Government Primary School, Sherla, District Solan under clause 12 of the Scheme dated 27.7.2001. It will be relevant at this stage to reproduce clause 12 of the Scheme, which reads thus:

(2.) Ms. Sunita Sharma has strenuously argued that the action of respondents offering appointment to respondent No. 4 vide Annexure A-8 dated 8.6.2007 is illegal, arbitrary and thus violative of Articles 14 and 16 of the Constitution of India. According to her, respondent No. 4 was not eligible even as per clause 12 of the Scheme dated 27.7.2001.

(3.) Mr. Vikas Rathore, learned Deputy Advocate General and Mr. Y.K. Thakur have supported the issuance of Annexure A-8 dated 8.6.2007. Respondents No. 1 and 2 have filed the reply.