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Precisely the question, which needs to be determined in the case at hand is, "whether First Appellate Authority i.e. Additional District Magistrate, Chamba, could have set aside the selection of petitioner against the post of Part Time Multi Task Worker on the ground that name of the petitioner should not have been included in the category of BPL list, especially when there was nothing on record that BPL certificate issued in favour of the petitioner was cancelled by the competent authority in appropriate proceedings".

department, petitioner along with private-respondent No.3 applied for the post of Part Time Multi Task Worker in the Government Primary School Kharothi, Tehsil Salooni, District Chamba, Himachal Pradesh. Selection Committee found petitioner more meritorious of and accordingly appointed him vide order dated 01.10.2022 against the post in question. Respondent No.3, being aggrieved with the rt selection of the petitioner, preferred an appeal before the First Appellate Authority i.e. Additional District Magistrate, Chamba, District Chamba, i.e. Case No.75-3-XIII-A/2022, titled as Smt. Jaiyanti Vs. Sub-Divisional Officer (Civil)-cum-SDM Salooni, Chairman Selection Committee and Others, averring that petitioner herein could not have been awarded three marks on account of his having produced BPL Certificate, which otherwise could not have been issued in his favour for the reason that his annual income was much more than the prescribed criteria. In support of her aforesaid claim, private-respondent placed on record the Bank account statement of the petitioner, suggestive of the fact that during the relevant period, there were transactions of more than ₹29,00,000/-

in the bank account of the petitioner. Additional District Magistrate 2025:HHC:40992 vide order dated 04.10.2024 (Annexure P-2) accepted the appeal and set aside the selection of the petitioner.

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3. Being aggrieved and dissatisfied with the aforesaid order passed by the First Appellate Authority i.e. Additional District Magistrate, petitioner preferred second appeal to Director, Elementary Education, in terms of Rule 19 of Part Time Multi Task Worker Policy, 2020, which also came to be dismissed. In the afore of background, petitioner has approached this Court in the instant proceedings, praying therein for following main relief:

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6. Having heard learned counsel representing the parties and perused material available on record, this Court finds that at the time of selection of the petitioner to the post of Part Time Multi Task Worker, he was in possession of BPL Certificate issued by the competent authority i.e. Panchayat Secretary/Panchayat Assistant, of Gram Panchayat Kharothi. Since Policy formulated by the Government of Himachal Pradesh for appointment of Part Time rt Multi Task Worker i.e. Annexure P-1, clearly provides that person, in possession of BPL Certificate, shall be entitled to three marks, no illegality otherwise can be said to have been committed by the Selection Committee while awarding three marks to the petitioner in lieu of his being falling in the category of BPL.