Himachal Pradesh High Court
_________________________________________________________________ vs State Of H.P. & Ors on 28 October, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.10958 of 2024 Decided on: 28th October, 2024 _________________________________________________________________ Kadar Khan ....Petitioner Versus State of H.P. & Ors. ...Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting?
_________________________________________________________________ For the petitioner: Mr. P.K.Verma, Advocate.
For the respondents: Mr. Y. P. S. Dhaulta, and Mr. L. N. Sharma, Additional Advocates General, for respondents No. 1 to 5.
Jyotsna Rewal Dua, Judge Petitioner feels aggrieved against the selection and appointment of respondent No.6 as Part Time Multi Task Worker in Government Primary School Sanghned, Tehsil Salooni, District Chamba, H.P. Petitioners' appeal against the selection and appointment of respondent No.6, as Part Time Multi Task Worker, was dismissed on 18.07.2024 by the Additional District Magistrate, Chamba. This order was affirmed on 09.08.2024 by the Appellate Authority-the 1 Whether reporters of Local Papers may be allowed to see the judgment? yes -2- Director Elementary Education, Himachal Pradesh. These orders have been assailed by the petitioner in this writ petition.
2. A post of Part Time Multi Task Worker was to be filled in Government Primary School Sanghned, Tehsil Salooni, District Chamba. The last date for submission of applications was 07.05.2022. The counselling/ interview was scheduled for 21.07.2022. Petitioner, respondent No.6 and others applied for the post.
Upon examination of the record, the Counseling Committee found that highest marks i.e. 28, had been scored by the petitioner as well as respondent No.6. Since both the candidates belonged to unemployed families and their family income was also equal, respondent No.6 was selected being older in age in accordance with the State Government clarification dated 24.05.2023.
3. The petitioner assailed the selection of respondent No.6 on the ground that in view of Clause 6 of the Part Time Multi Task Worker, Policy, 2020, the documents of the applicants were to be verified with the original only at the time of counselling; That marks card of respondent No.6 for -3- 8th class was issued to her on 27.07.2022 by Govt. High School Chandyar District Kathua, Jammu and Kashmir, whereas, counselling was held on 21.07.2023, hence, this marks card for 8th class could not have been considered by the counselling committee. Respondent No.6, therefore, was not entitled to 8 marks given to her on account of having passed 8th Class.
4. Petitioner's appeal was dismissed by the Additional District Magistrate Chamba on 18.07.2024. This order was not interfered by the Appellate Authority.
5. Learned counsel for the petitioner had reiterated the same grounds urged by him before the learned Authorities below.
6. Perusal of the impugned orders divulge that the record was called for by the Additional District Magistrate during hearing of the appeal. In terms of the record, the school leaving certificate of 8th Class issued in faovur of respondent No.6 by the Head Master, GHS Chandyar District Kathua J&K alongwith school leaving certificate of 9th class, in which respondent No.6 was promoted vide admission No. 2998, had been produced by her (respondent No.6) before -4- the Counselling Committee at the time of counseling/interview. It was the selection committee that asked respondent No. 6 get her aforesaid certificate counter singed by both the States. This direction was complied with by respondent No.6. After complying the directions, respondent No. 6 produced her aforesaid certificate again now duly counter signed by the both the States.
7. In view of the factual observation made by the Additional District Magistrate in his order dated 18.07.2024 as affirmed by the Director Elementary Education in his order dated 09.08.20204, it becomes clearly evident that factum of respondent No.6's passing 8th class was proved and established by her before the Counselling Committee. She had produced the certificate in that regard. Respondent No.6 was directed by the Counselling Committee to get such certificate counter singed by both the States. As a result, respondent No.6 got it counter signed on 27.07.2023 and produced such certificate.
Learned counsel for the petitioner, to a query of this Court did not dispute the fact that respondent No.6 had actually passed 8th class examination on the date of -5- counselling.
In view of above, no interference is called for with the impugned orders. The present petition is accordingly, dismissed.
Pending miscellaneous application(s), if any, also stand disposed of.
Jyotsna Rewal Dua Judge October 28, 2024 R.Atal