Indian Kanoon - Search engine for Indian Law

2. Facts:-

2(i). Petitioner was offered appointment as Part-Time Multi Task Worker in Government Middle School (GMS) Indoli on 30.06.2022. Respondent No.7 felt aggrieved with the appointment of the petitioner. She filed an appeal against petitioner's selection on the ground that the selection committee had wrongly ignored the documents of respondent No.7, more particularly, concerning the ward to which she belongs.

2(ii). The Additional Deputy Commissioner, Sirmour- the Appellate Authority dismissed the appeal preferred by respondent No.7 on 28.03.2023 with the observation that though the petitioner-Sunita Devi was living in Ward No.1, where GMS Indoli was situated and hence, had been rightly awarded 08 marks under the criteria, but respondent No.7 was living in Ward No.2 and therefore, was entitled to only 06 marks as awarded by the selection committee.

(a). Respondent No.7 is permanent resident of Village Neda Dhal, which falls in Ward No.1 of Gram Panchayat Dugana.

(b). GMS Indoli also falls in Ward No.1 of Gram Panchayat Dugana.

(c). Respondent No.7 is entitled to 08 marks under the selection criteria for belonging to same ward category.

In view of above, the selection committee was held to have wrongly awarded 06 marks to respondent No.7 simply based upon the voter list. The 2nd Appellate Authority found merit in respondent No.7's appeal. The same was allowed. Order passed by the Additional Deputy Commissioner, Sirmour on 28.03.2023 was set aside. Petitioner's appointment as Part-Time Multi Task Worker was also set aside. Selection Committee was directed to redraw the result by awarding 08 marks to respondent No.7 instead of 06 marks under the same ward category and to offer appointment based upon the revised merit in accordance with the provisions of Part Time Multi Task Worker Policy.

2(iv). The selection committee thereafter convened its meeting on 02.01.2024. The result was redrawn. Respondent No.7 was given 08 marks for her belonging to the same ward category. Consequence thereof was that both the petitioner and respondent No.7 obtained equal marks, i.e. 22 marks, in the revised merit list. Respondent No.7, being elder in age, was selected for the post of Part Time Multi Task Worker.

Feeling aggrieved, the petitioner has preferred this writ petition.

3. Heard learned counsel for the parties and considered the case file.

4. It is seen from the record that petitioner's prayer for interim relief was declined vide a detailed order passed in this petition on 03.01.2024. During hearing of the case, learned counsel for the petitioner could not dispute the fact that respondent No.7 belongs to Ward No.1. The only argument urged was that respondent No.7 had been allowed to cast vote in some other ward as well. Even if petitioner's contention is taken to be correct, that is a cause of action to be corrected somewhere else. Present petition concerns the selection and appointment to the post of Part Time Multi Task Worker at GMS Indoli, which admittedly falls under Ward No.1. In view of the report furnished by the concerned Block Development Officer on the direction of the Director of Elementary Education, Himachal Pradesh, it is evident that respondent No.7 belongs to and resides in Ward No.1, therefore, she is entitled to 08 marks kept under the selection criteria for the candidates belonging to same ward.