JUDGMENT :

Rajiv Sharma, J.

The present petition is directed against the order passed by the Divisional Commissioner, Mandi in Miscellaneous Appeal No.207 of 2008 dated 30.5.2008.

2. Brief facts necessary for adjudication of this petition are that the petitioner and respondent No.6 appeared in the interview for the post of Anganwari Worker before the Selection Committee in the month of August, 2007. The petitioner was offered appointment of the post of Anganwari Worker on 14th August, 2007. The appointment of the petitioner was assailed by respondent No.6 before the Deputy Commissioner, Kullu. The Deputy Commissioner, Kullu vide order dated 3rd November, 2007 held that the respondent No.6 was entitled to two marks in the interview being orphan/destitute. The selection of petitioner was declared invalid. The petitioner feeling aggrieved by order dated 3rd November, 2007 filed an appeal before the learned Divisional Commissioner, Mandi Division on 14th January, 2008. The Divisional Commissioner, Mandi Division (H.P.) dismissed the appeal on 30th May, 2008.

3. Mr. Onkar Jairath has strenuously argued that the respondent No.6 was not entitled for two marks under the category of orphan. His