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2014 DIGILAW 183 (MEG)

Sanjay Sen v. State of Meghalaya

2014-07-25

T.NANDAKUMAR SINGH

body2014
Judgment T. Nandakumar Singh, J. 1. Heard Mr. S. Sen, learned counsel for the petitioner and Mr. N.D. Chullai, learned Sr. GA assisted by Mr. K.P. Bhattacharjee, learned GA appearing for the respondents No. 1-4. Also heard Mr. K Ch Gautam, learned counsel for the respondent No. 5. 2. This is the second time the petitioner approached this Court relating with the appointment to the post of teacher of Ruprekha Parishad L.P. School. It is stated that the petitioner and another i.e. Shri. Sanjeet Kumar are serving as teachers in Ruprekha Parishad Day High School, which is a private school. It is the case of the parties that the Ruprekha Parishad School up to the level of Lower Primary school is a deficit school. It is also stated that there are two sanctioned posts of teachers in the Ruprekha Parishad L.P. School, which are yet to be filled up by following the procedures prescribed in the Govt. Instruction i.e. No. EDN.360/85/Pt-II/178 dated 26.04.2000 issued by the Under Secretary to the Govt. of Meghalaya, Education Department. The further case of the petitioners is that they being the senior most teachers serving in the school i.e. the Ruprekha Parishad School are expecting that they would be appointed against the sanctioned posts which fell vacant on 01.09.2009 and 01.11.2009 respectively. They had approached the Managing Committee of the school i.e. respondent No. 5 to consider their case for appointment to those sanctioned posts but their prayer was rejected on the ground that they had crossed the prescribed age limit. The petitioners having no alternative; had approached this Court by filing a joint writ petition i.e. WP(C) No. 235(SH)2009 against the present respondents. 3. The said writ petition i.e. WP(C) No. 235(SH)2009 had been finally disposed of by this Court by passing the final judgment and order dated 16.12.2009 with a direction to the respondent No. 5 to relax the age bar in respect of the petitioners and allow them to apply for the two vacant posts as and when the same is advertised. It is also stated in the said final judgment and order of this Court dated 16.12.2009 that the recruitment should be done by respondent No. 5 in accordance with the Govt. Instruction No. EDN.360/85/Pt-II/178 dated 26.04.2000 issued by the Under Secretary to the Govt. of Meghalaya, Education Department. 4. It is also stated in the said final judgment and order of this Court dated 16.12.2009 that the recruitment should be done by respondent No. 5 in accordance with the Govt. Instruction No. EDN.360/85/Pt-II/178 dated 26.04.2000 issued by the Under Secretary to the Govt. of Meghalaya, Education Department. 4. In the present writ petition, it is stated that inspite of the order of this Court dated 16.12.2009 passed in WP(C) No. 235(SH)2009, the respondents, even if there are vacancies in the sanctioned posts of teachers in Ruprekha Parishad L.P. School, are not taking up steps for filling up the said two vacant posts in accordance with the said Govt. Instruction. Mr. N.D. Chullai, learned Sr. GA appearing for the State respondents submits at the Bar that the Govt. had already issued the necessary instruction to the respondent No. 5 to fill up the said two vacant posts of teachers in Ruprekha Parishad L.P. School in accordance with the Govt. Instruction. Mr. K Ch Gautam, learned counsel for the respondent No. 5 also submits at the Bar that the Managing Committee had already received the necessary instruction to fill up the said two vacant posts in Ruprekha Parishad L.P. School. 5. Mr. N.D. Chullai, learned Sr. GA appearing for the State respondents contended that as per the instruction of the Govt. of Meghalaya contained in No. EDN.360/85/Pt-II/178 dated 26.04.2000 issued by the Under Secretary to the Govt. of Meghalaya, Education Department, the Selection Committee is to be chaired by Deputy Inspector of Schools and shall consist of-one member of the Managing Committee, one Sub-Inspector of Schools or SEO, one Headmaster of Upper Primary School in the area and the BDO. The post of Deputy Inspector of Schools has now been re-designated as District School Education Officer. Therefore, the said Selection Committee should be chaired by the District School Education Officer. This fact is not disputed by the learned counsel appearing for the parties. 6. Mr. K Ch Gautam, learned counsel for the respondent No. 5 also contended that as the Managing Committee had already received the instruction from the Govt. for conducting the selection test for filling up the said two vacant posts i.e. 2 posts of teachers in Ruprekha Parishad L.P. School, the selection process will be taken up; and for completing the whole selection process, at least three months' time will be required. for conducting the selection test for filling up the said two vacant posts i.e. 2 posts of teachers in Ruprekha Parishad L.P. School, the selection process will be taken up; and for completing the whole selection process, at least three months' time will be required. Learned counsel for the respondent No. 5 also contended that the age bar of the petitioner will be relaxed in pursuance of the directions of this Court vide judgment and order dated 16.12.2009 passed in WP(C) No. 235(SH)2009. 7. Accordingly, this writ petition is disposed of by directing the respondent No. 5 to complete the whole selection process for appointment to the said two posts of teachers in Ruprekha Parishad L.P. School within a period of three months from the date of receipt of a certified copy of this judgment and order. 8. With the above observations and directions, this writ petition is allowed.