Smt. Ramila Kumari vs State of Himachal Pradesh

Deepak Gupta, J.—As per para-7 of the Part Time Water Carriers in the Schools of Education Department (Elementary & Higher Education Departments) Scheme, in the interview for the Part Time Water Carrier 10 marks are to be awarded to the candidate, if the distance from the school is upto 1.5 kilometers. If the distance is more than 1.5 kilometers from the school then only 8 marks are to be awarded. If there is distance upto 3 kilometers from school then 6 marks are to be awarded. If the distance is 5 K.M. or more only 2 marks are to be awarded. On 27.9.2012, we have passed the following order:-

The only dispute is whether the private respondent was rightly given 10 marks for the distance being less than 1.5 km. The petitioner has attached the copy of certificate issued by the Assistant Engineer, HPPWD, Sub Division Chhatri, Mandi as well as the certificate issued by the Executive Engineer, Karsog Division, HPPWD, Karsog.

We direct both these officials to file an affidavit in this Court stating whether the distance is given by road and whether there is any short path available from the house of private respondent to the school in question or not. If there is a shorter path even if it is a foot path, it shall be measured and the measurement will be given in the affidavit. Both these officials shall also explain in the affidavit why they have not clearly stated whether the distance is given by road or by foot path and why they have given totally vague certificate. They are directed to submit the report with regard to the shortest distance available after visiting the spot personally.

Learned Deputy Advocate General is directed to convey this order to the Assistant Engineer, HPPWD, Sub Division, Chhatri Mandi, H.P. and the Executive Engineer, Karsog Division, HPPWD Karsog, who shall submit their report after actually visiting the spot, by the next date of hearing.

List on 1.11.2012.

Copy Dasti

Sd/-

Pursuant to our order, an affidavit has been filed by the Assistant Engineer, para-4 of which reads as follows:-

That in compliance to the aforesaid directions it is respectfully submitted that the deponent personally visited the spot on 30.10.2012 and measured the distance from village Chamrala (Tipra) to Govt. Primary School, Mehridhar by road as well as by shortest distance on foot which is a path. On measurement the distance as above through road was found 5 K.M. whereas through path (shortest route on foot) it was found 5.100 Kms.

Thus, it is apparent that the house of the respondent No. 4 is about 5 Kilometer away from the school in question and she could have only been awarded two marks. She has wrongly been awarded 10 marks and therefore her appointment being illegal is quashed and set aside. The writ petition is allowed and it is directed that the person next in merit be appointed on or before 1.2.2013. Till then respondent No. 4 shall be permitted to continue.

Copy dasti.