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2023 Supreme(HP) 129

VIVEK SINGH THAKUR
Anupam Rana – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner:Mr. K.S. Banyal, Sr. Advocate with Mr. Vijender Katoch.
For the Respondents:Mr. Desh Raj Thakur, Additional Advocate General, and Mr. Raju Ram Rahi, Deputy Advocate General, Mr. R.K. Sharma Sr. Advocate with Ms. Vidushi Sharma and Mr. Lalit Sehgal.

JUDGMENT :

Petitioner has approached this Court against the appointment of respondent No.6 as Primary Assistant Teacher (PAT) in Government Primary School, Dhangota, Block Primary Education Office, Bijhri, District Hamirpur in pursuant to her selection by the Committee constituted for the post, headed by respondent No3, Sub Divisional Magistrate Barsar, District Hamirpur on the basis of interview held on 28.02.2006 on the ground that respondent No.6 was not resident of Gram Panchayat Dhangota on the date of advertisement of vacancy and thereafter whereas, post advertised for Government Primary School, Dhangota was available to the candidates belonging to the said Gram Panchayat only.

2. It is the case of petitioner that earlier respondent No.6 was resident of Gram Panchayat Dhangota, but, Government of Himachal Pradesh vide notification dated 20th August, 2005 (Annexure A-11) had bifurcated Gram Panchayat Dhangota into two Panchayats i.e. Gram Panchayat Dhangota and Gram Panchayat Bhail and village Baroti to which respondent No.5 belongs was included in newly constituted Gram Panchayat Bhail. Further that elections for two Panchayats were held on 20th December, 2005 and 22nd December

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