HARBANS LAL Vs. STATE OF H.R

JUDGEMENT

(1.) Through this original application applicant i has challenged the selection/appointment of respondent No. 5 as Part I Time Water Carrier in GPS Thaplan, district Una with the further prayer to quash and set aside the same and to appoint the applicant against the said vacancy, as Part Time Water Carrier.

(2.) The brief and relevant facts of the case as set out in the original application are that the respondents invited applications for filling up the post of part time water carrier in GPS Thaplan. Interview were held for the post of part time water carrier on 7.8.2002 in which the applicant as well as respondent No. 5 alongwith others were interviewed. As per intimation given to all the candidates they were required to appear in the interview on the fixed date alongwith original certificates. The claim of the applicant is that he appeared for the interview before the selection committee alongwith required documents and other relevant papers. Subsequently he was not selected despite being meritorious and the name of respondent No. 5 was recommended for appointment which was done by the selection committee in an arbitrary manner by violating the scheme for appointment as part time water carrier. Accordingly he has challenged the appointment of respondent No. 5 as part time water carrier in the above mentioned school. The applicant submitted in the original application that while the marks for donating land were wrongly given to respondent No. 5 whereas the applicant was not awarded in marks for donating land and for being a member of unemployed family. Feeling aggrieved by this the applicant has filed the present original application.

(3.) Reply was filed by the respondent/ state in which the claim of the applicant was disputed. The respondent No. 5 adopted the reply filed by respondent/state. It has been submitted in the reply that the selection of respondent No. 5 has been made on the recommendation of duly constituted selection committee under the Chairmanship of S.D.O. (c) provided under the guidelines issued by the State Government for the appointment of part time water carrier in the Education Department. The selection committee scrutinized the applications received by the respondents through wide publicity and awarded marks to all candi dates on the basis of documents submitted by the candidates at the time of interview. On the basis of recommendation of the selection committee who secured highest marks has been appointed. Since respondent No. 5 had secured 29 marks and applicant secured only 17 marks, therefore, respondent No. 5 was afforded appointment on the recommendation of selection committee.