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 precise contention is that since the respondent No.6 had attained the age of more than 30 years at the time of selection in the year 2007, she could not be termed as orphan. The learned Senior Additional Advocate General, Mr. R.K. Sharma appearing on behalf of respondents No.1 to 5 and Mr. Adarsh Sharma appearing on behalf of respondent No.6 have supported the orders passed by the Deputy Commissioner and Divisional Commissioner.

I have heard the learned counsel for the parties and perused the record carefully.

4. The engagement of the Anganwari Worker/Helper is made as per the Scheme/Guidelines issued by the State of Himachal Pradesh vide notification dated 11.4.2007. Para 4 of the Scheme deals with eligibility criteria and the same reads thus:-

"4. Eligibility Criteria

Only such female candidates are eligible to apply for the post of Anganwadi Worker or Helper who are:

a) Resident of the village (in case of rural Area)/ward (in case of Urban Area) where Anganwadi Centre is located or belongs to the feeding villages/wards of the Anganwadi area;

b) For Anganwadi worker minimum qualification shall be Matric or equivalent and for Helper minimum Primary;

c) Age between 21-45 years;

d) From whose family no one is in Government/Semi Government employment/service;

e) Those belonging to a family which was legally separated as a separate family as per procedure laid down in the Panchayati Raj Act and Rules before 1st January, 2004;

f) Those whose annual income does not exceed Rs.8000 per annum to be certified/countersigned by an officer not below the rank of Tehsildar."

Para 7 of the Scheme provides that the selection shall be made on the basis of merit out of total marks of 20 and the marks are to be awarded as under:-

"a) Maximum 9 Marks for education qualification will be in the following manner:-

1. Anganwari Worker Percentage of marks in matric divided by 10 subject to the maximum of 9 marks.

2. Anganwari Helper.

Primary pass - 9 marks

b) 2 marks for experience.

(1 mark is to be awarded for every year experience as Anganwadi Helper/Balsevika/Balwadi Teacher/Nursery Teacher/Shishu Palak/ECCE subject to a maximum 2 marks)

c) 2 marks for State Home/Balika Ashram Inmates/Orphans/Widows/destitute. Provided that these additional 2 marks will not be given to those widows who are obtaining family pension from the govt.

d) 2 marks for SC/ST/OBC and those belonging to ex-service men category/widow and ward of freedom fighter.

e) 1 mark for disabled.

f) 4 marks for personal interview."

5. The petitioner and respondent No.6 appeared before the Selection Committee. The respondent No.6 had produced before the Selection Committee the certificate of being orphan duly issued by the Executive Magistrate. It is apparent from the detailed order of the Deputy Commissioner that the orphan certifi