Himachal Pradesh High Court
Arun Kumar vs State Of Himachal Pradesh And Others on 25 June, 2024
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CWP No. 5292 of 2024
Decided on 25th June, 2024
.
Arun Kumar
...Petitioner
Versus
State of Himachal Pradesh and others
...Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge
1
Whether approved for reporting? Yes
For the petitioner:
r Mr. Vishwa Bhushan, Advocate.
For the respondents: Mr. Rajpal Thakur, Additional
Advocate General, for respondents
No.1 to 3.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
1. "That writ in the nature of certiorari may kindly be issued by quashing and setting aside the order dated 23.11.2023 passed by respondent No.2 as well as order dated 17.07.2023 passed by respondent No.4 with all consequences.
2. That the writ in the nature of mandamus may kindly be issued, directing the respondents to given appointment to the petitioner to the post of ::: Downloaded on - 05/07/2024 20:32:51 :::CIS 2 Part Time Multi Task Worker in Government Primary School Niar, Tehsil Nurpur, District Kangra, Himachal Pradesh being meritorious as well as candidate with indigent circumstances as .
compared to respondent No.6."
2. The case of the petitioner is that respondent-State notified a scheme for the recruitment of Part-time Multi Task Workers. As the petitioner was eligible to apply for the post, he applied for the same in Government Primary School Niar, Tehsil Nurpur, District Kangra, H.P. Nineteen candidates had applied for the single post. Interviews were conducted and evaluation of the candidature of the candidates was made by the Selection Committee on 23.06.2022. According to the petitioner, he and respondent No.6 scored equal marks, but on the basis of low income certificate preference was given to respondent No.6 and he was selected. The petitioner assailed the said selection by way of CWP No.6511 of 2022. This writ petition was disposed of by this Court vide Annexure P-3 order dated 18.10.2022, directing the petitioner to approach Additional District Magistrate Kangra by way of an appeal.
::: Downloaded on - 05/07/2024 20:32:51 :::CIS 33. In terms of order Annexure P-4 dated 17.07.2023, the appeal of the petitioner was dismissed by Additional District Magistrate Kangra. This order was assailed by him again by .
way of an appeal before Director of Elementary Education that is the Second Appellate Authority, but vide impugned order Annexure P-6, said appeal has also been dismissed, Hence this writ petition.
4. Learned counsel for the petitioner has argued that the orders passed by the Authorities are not sustainable in the eyes of law for the reason that the private respondent was not eligible for selection and on the other hand, the petitioner was the most eligible candidate. Accordingly, he prayed that the petition be allowed and the impugned order be set aside.
5. Having heard learned counsel for the petitioner and having perused the pleadings as well as the documents appended therewith, this Court does not finds any merit in the present petition and, therefore, the same is being dismissed in limine.
6. The main plank of the arguments of the learned counsel for the petitioner was that the selection of the private ::: Downloaded on - 05/07/2024 20:32:51 :::CIS 4 respondent was bad as his real brother also was selected as a Multi Task Worker in the same process and, whereas, the brother of the private respondent was selected on 20.06.2022 .
and the private respondent was selected on 23.06.2022, therefore, his selection was bad. The second limb of arguments of the petitioner is that as the same income certificate was submitted by both the brothers, therefore, the same cannot be divided and it has to be construed that their income comes to be Rs.64,000/- per annum.
7. Both the contention of the learned counsel for the petitioner are merit less. It was fairly stated by the learned counsel for the petitioner before the Court that at the time when the private respondent and his brother applied for being considered for the post of Multi Task Workers, they were job less. Now, incidentally, in the same process, both the brothers have been recruited as they fulfilled the eligibility criteria.
8. In terms of Annexure P-1 which is the policy relating to the recruitment of Part-time Multi Task Workers, there is no embargo therein that two unemployed brothers cannot participate in the same process on the basis of the same ::: Downloaded on - 05/07/2024 20:32:51 :::CIS 5 income certificate. The contention of the learned counsel for the petitioner that as each brother produced income certificate of Rs.32,000/- per annum, therefore, the annual income of the .
family income was Rs.64,000/- is rather hilarious. In fact, it was the family income of the private respondent of which his real brother was a part, which was Rs.32,000/- per annum. It is a strange argument that has been put forth by the learned counsel for the petitioner that because both the private respondent as well as his brother submitted certificates in terms whereof their family income was Rs.32,000/- per annum, therefore, their income indeed was Rs.64,000/- per month.
Incidentally, it is not the case of the petitioner that at the time when the private respondent applied for the post in issue his brother was already successfully employed somewhere else. A perusal of the orders passed by Appellate Authorities demonstrates that the orders were based on correct appreciation of facts. It could also not be demonstrated before this Court that the private respondent was not an orphan.
9. Therefore, in view of the above discussion, as this Court does not finds any infirmity in the orders passed by the ::: Downloaded on - 05/07/2024 20:32:51 :::CIS 6 Appellate Authorities and further as this Court does not finds any merit in this petition, the same is dismissed. Pending miscellaneous applications, if any, also stand disposed of.
.
(Ajay Mohan Goel)
Judge
June 25, 2024
(Vinod)
r to
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