The petitioner challenged the appointment of a respondent to a part-time water carrier post, having secured fewer marks. The Court held it cannot sit in appeal over selection committee recommendations absent malafides and dismissed the petition.
The writ petition was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
C.W.P. (T) No. 8895 of 2008. Decided on 9th December, 2010.
Sarjeep Kumar.
…Petitioner.
-Versus-
State of H.P. and Others.
…Respondents.
Coram:
The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No.
____________________________________________________________ For the petitioner. : Ms. Kiran Dhiman, Advocate vice Mr. Onkar Jairath, Advocate. For respondents No. 1 to 3. : Mr. R.P. Singh & Mr. J.S. Guleria, Assistant Advocate Generals. Respondent No. 4, already exparte. For respondent No. 5. : Mr. T.S. Chauhan, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral) :
The petitioner has assailed the appointment of respondent No. 5 to the post of Part Time Water Carrier in Government Primary School, Kaniari, Tehsil Amb, District Una, H.P. The suitability of the petitioner and respondent No. 5 has been gone into by a duly constituted Selection Committee. The petitioner has secured 21 marks, whereas respondent No. 5 has secured 23 marks. Once the suitability of the petitioner and respondent No. 5 has been adjudged by a duly constituted Selection Committee, this Court will not sit in appeal over the recommendations made by the Selection Committee. Moreover, no malafides have been alleged against the members of the Selection Committee.
1 Whether the reporters of the local papers may be allowed to see the judgment?. No.
the same is dismissed. No costs.
(Rajiv Sharma) Judge
December 09, 2010.
(bhupender)
`
2 issues framed by the court
Whether the Court can interfere with the selection committee's recommendation when the petitioner obtained fewer marks than the selected candidate.
Whether the absence of allegations of malafides allows the writ court to set aside the appointment.
Sarjeep Kumar
State of H.P.
Rajiv Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
