BABU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under Art. 226 of the Constitution of India, challenge has been laid to appointment letter (Annexure P-3), issued in favour of respondent No.5, whereby she was ordered to be appointed as Part Time Water Carrier in Government Primary School Nadh, Tehsil Bhattiyat, District Chamba, Himachal Pradesh.

(2.) Precisely, the case of the petitioner, who also participated in the selection process initiated by respondents No.1 to 4, is that respondent No.5 could not have been granted three marks at the time of interview on account of her being member of a BPL Family, especially when her name at the time of interview stood deleted from the list of BPL. This Court, on 29.5.2019, solely with a view to ascertain the factum with regard to deletion of the name of respondent No.5, directed learned Additional Advocate General to have instructions as to "whether on 30.4.2012, when interview for the post of Part Time Water Carrier in Government Primary School Nadh, Post Office Sudli, Tehsil Dalhousie, District Chamba, was held, respondent No.5 was in the category of BPL". On 26.9.2019, record was brought from the concerned office, perusal whereof revealed that the Gram Panchayat Sudli, had invited applications for the post of Part Time Water Carrier in Government Primary School Nadh, and such applications were to be submitted on or before 30.11.2011 but, the factum with regard to deletion of the name of respondent No.5, from the list of BPL could not be ascertained from the record, as such, this Court again directed learned Additional Advocate General to verify from the record of the concerned Gram Panchayat the factum with regard to deletion of name of husband of respondent No.5 from the list of BPL families.

(3.) Today, during proceedings of the case, learned Additional Advocate General placed on record communication dated 14.10.2019 sent by Director Elementary Education, Himachal Pradesh, perusal whereof reveals that the name of Mr. Anil Kumar, husband of respondent No.2 was struck off from the list of BPL families on 1.4.212, whereas, interview for the post of Part Time Water Carrier in Government Primary School Nadh, was held on 30.4.2012. It is quite apparent from the record made available to this Court that at the time of interview on 30.4.2012, name of husband of respondent No.5 stood deleted from the list of BPL families.