DOLA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 6th March, 2012, passed by a learned single Judge of this Court in CWP (T) No. 8847 of 2008 whereby the writ petition filed by the present appellant was dismissed. The appellant-petitioner challenged the appointment of respondent No. 6 as Part Time Water Carrier in Government Primary School Chowai Dhar, Block Anni, District Kullu, made in the year 2002. The main ground for challenge was that the candidature of the appellant-petitioner was wrongly not considered.

(2.) The only dispute is whether the appellant-petitioner should have been considered for appointment as Part Time Water Carrier in Government Primary School, Chowai Dhar or not. It is not disputed that Chowai Dhar falls in Gram Panchayat Kungus and not in Gram Panchayat Karana.

(3.) It appears that the learned single Judge was not informed that, in fact, this school is actually not in the area of Gram Panchayat Kungus but is actually constructed in Gram Panchayat Karana, in which event the petitioner would also be eligible. On detailed examination of the facts, we find that though the school in question is titled as Government Primary School, Chowai Dhar and was to be set up in Kungus Panchayat, but no person from village Chowai Dhar was willing to give land for the school. The present appellant-petitioner, who is a resident of village Dhar, which is the neighbouring village, donated the land and the Government Primary School, Chowai Dhar was actually constructed in village Dhar which falls in Gram Panchayat Karana.