Kishor Kumar vs State of Himachal Pradesh

Deepak Gupta, J.—The petitioner, by means of this petition, has challenged the appointment of respondent No. 3 as Part Time Water Carrier in Government Primary School, Chaurinala, Tehsil Sundernagar, District Mandi. The undisputed facts are that the petitioner is a heart patient and is suffering from 40% disability. He belongs to a family living below the poverty line. However, respondent No. 3 is also in the same situation. He also has 40% disability but he belongs to the low income group.

It is contended by Mr. Gaurav Sharma, learned counsel for the petitioner, that since the petitioner belongs to IRDP and his income is lower than that of respondent No. 3, he should have been given preference.

Para 12 of the scheme relating to appointment of Part Time Water Carrier empowers the State to appoint persons on compassionate ground. The considerations are that the candidate should be a widow or member of family living in extreme indigent conditions or a woman deserted by her husband or otherwise destitute or handicapped persons or an orphan. Once a person is considered in the category of handicapped persons, then it is not necessary to go into the criteria of income. In any event, respondent No. 3 was not ineligible for appointment. The Government has considered both the persons. It cannot said that the decision of the Government is perverse or arbitrary. This Court cannot sit in appeal over such decisions. We, therefore, reject the petition. No order as to costs.