LAWS(HPH)-2005-11-23

MATHURA DEVI Vs. STATE OF H.P.

Decided On November 14, 2005
MATHURA DEVI Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) In this original application, the applicant has claimed the following reliefs :-

(2.) Briefly stated, case of the applicant is that amongst others she appeared in the interview for selection of a Water Carrier to. be appointed in Government Primary School, Jaterh, Anni Block, District Kullu, H.P. Despite the fact that she belongs to a schedule caste and IRDP family and is living below poverty line and none from her family is employed and in as a widow she was not selected for the said job despite fulfilling the requisite criteria and such selection is vitiated because of the selection/appointment of respondent No. 4 being arbitrary and mala-fide by ignoring the conditions which were fulfilled by the applicant.

(3.) The respondents contested the claim. Their common primary objection is that the original application is not maintainable because respondent No. 4 has been selected by a duly constituted selection committee. On merits-, it has been denied for want of knowledge that the applicant belongs to schedule caste category. It has been asserted that the applicant has failed to produce the certificate of schedule caste at the time of interview. In the reply of respondents No. 1 to 3 the details of marks awarded by the selection committee to the applicant and the respondent No. 4 have been mentioned in para No. 3 showing that the applicant secured 22 marks whereas respondent No.4 secured marks. Thus, it is claimed that there is no illegality in the impugned selection and appointment.