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Notice. Mr. Rajat Chauhan, learned Law Officer, accepts notice on behalf of the respondents­State.

2. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:­

i) That, a writ in the nature of certiorari may kindly be issued thereby quashing and setting aside Annexure P­3 dated 26.7.2023 and Annexure P­4 dated 18.9.2023.

ii) That a writ in the nature of mandamus may kindly be issued thereby directing the respondents to allow the petitioner to continue working as Part Time Multi Task Worker at Government Primary School, Silpadi, Education Block Bharmour, District Chamba, Himachal Pradesh."

3. Brief facts necessary for the adjudication of this petition Whether reporters of the local papers may be allowed to see the judgment?

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are that in the month of April, 2022, Deputy Director (Education), District Chamba, H.P. advertised certain posts of Part Time Multi Task Worker for district Chamba. The petitioner and the private respondent participated in the process for appointment as such. The Selection Committee constituted under the chairmanship of S.D.O. of (Civil), Bharmour, recommended the petitioner for appointment vide Annexure P­1, dated 11.07.2022, in Government Primary School rt Silpadi. This recommendation was assailed by the private respondent before this Court by way of CWP No.4856 of 2022 primarily on the ground that the said respondent was denied eight marks by the Selection Committee to which he was entitled to in view of the fact that his father had donated the land for the purpose of construction of the school. The Writ Petition of the private respondent was disposed of by this Court in terms of order dated 27.09.2022, by permitting the private respondent to approach Additional District Magistrate, Bharmour by way of appeal. Pursuant thereto the respondent filed an appeal which was allowed by learned Additional District Magistrate, Bharmour in terms of order dated 27.06.2023 (Annexure P­3). The appeal was allowed by the Appellate Authority by assigning the following reasons:­ "9. On perusal of all the record placed in the case file and after hearing the arguments of both the parties I found that in the instant case gift deed of the land has done on 21.04.2023 i.e. the date after issuance of notification of recruitment. The spirit of the policy is seems to ensure .

4. rt Feeling aggrieved, the petitioner preferred an appeal under Rule­19 of the Part Time Multi Task Worker Policy.

2nd Appellate Authority while upholding the order passed by the 1 st Appellate Authority dismissed the appeal of the petitioner in terms of order dated 07.08.2023 (Annexure P­4), holding as under:­ "6. The arguments presented by the counsels of appellant and respondent no 4 were thoroughly heard. The case record was also examined in detail. Upon examination of the record, it is found that the family of respondent no. 4 had indeed donated land to GPS Silpadi and the school has been in possession of this land for 60 years. This fact is corroborated by the report dated 20.06.2023, from the Village Revenue Officer, Patwar Circle Tundah, which is countersigned by the Naib Tehsildar Bharmour. Although, the gift deed of the land was executed on 21.04.2022 which was after the issuance of the advertisement for the post of Part Time Multi Task Worker in the school, it is clear that the land was in the possession of the school well before the advertisement for the post. Based on the above facts, I am of the view that respondent no. 4 was entitled to 08 marks for land donation. Therefore, I find .

10. It is evident from the orders passed by the Authorities below that the school building is actually constructed on the land donated by the father of private respondent. It is not in dispute that a candidate whose family had donated the land for the purpose of construction of school, is entitled for eight marks as per the policy governing appointment against the post of Part Time Multi Task Worker. The condition precedent is that at the time of issuance of the advertisement, the land should be under the possession of the Education Department and it must be gifted to the department before the date of issuance of the advertisement of recruitment.