KUMARI PUSHPA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner aggrieved by the appointment of respondent No. 6 as Part Time Water Carrier in Government Primary School, Baroh, Tehsil Fatehpur, Distt. Kangra, H.P., has filed the present writ petition for quashing of appointment order dated 24.01.2014 so issued in favour of respondent No. 6.

(2.) It is averred that the official-respondents could not have appointed respondent No. 6 as it was the petitioner who had preferential claim of appointment as her family had donated land for the school. Additionally, it was submitted that since the petitioner was disabled to the extent of 50%, sought to be appointed in place of respondent No. 6, who otherwise suffered no disability.

(3.) The official-respondents have filed reply, wherein, they have not denied the factual position either with respect to land having been donated by the family of the petitioner or the disability suffered by her. However, the appointment made in favour of respondent No. 6 is sought to be justified on the ground that in the final tally of marks, the petitioner had obtained 21.5 marks as against the respondent No. 6 who had obtained 22 marks and, therefore, being first in merit the respondent No. 6 came to be appointed.