Rhinkle M. Marak v. State of Meghalaya represented by the Secretary to the Govt. of Meghalaya, Department of Education
2015-06-16
T.NANDAKUMAR SINGH
body2015
DigiLaw.ai
JUDGMENT : Heard Mr. E T Sajem, learned counsel for the petitioners, Mr. KP Bhattacharjee, learned GA appearing for the respondent No.1 and Mr. B Khyriem, learned counsel for the respondents No.2 & 3. 2. The prayer sought for in the present writ petition is for a direction to the respondents to relax the upper age limit and to allow the petitioners to participate in the selection process for appointment to the 10 (ten) posts of Lecturers in Garo in the Govt. colleges of Meghalaya advertised vide advertisement dated 24.03.2015 and Corrigendum dated 27.03.2015. At the very outset of the hearing, learned counsel for the petitioners submits at the Bar that the present case is squarely covered by the judgment and order of this Court dated 14.04.2015 passed in WP(C) No.67/2015. 3. The fact of the case leading to the filing of the present writ petition is briefly noted. In the year 2012, the Meghalaya Public Service Commission (for short ‘MPSC’) had advertised for recruitment to 10 posts of Lecturers in Garo in Govt. colleges of Meghalaya vide advertisement dated 21.08.2012. It is stated that in response to the said advertisement dated 21.08.2012, the petitioners and others had applied for the said 10 (ten) posts of Lecturers in Garo in Govt. colleges of Meghalaya. It is also stated that after completing the selection test, the petitioners and others had been recommended by the MPSC vide letter of the MPSC dated 21.05.2013 for appointment to the post of Lecturers in Garo in Govt. colleges of Meghalaya, and the said Select List dated 21.03.2013 had been quashed by this Court vide judgment and order dated 07.05.2014 passed in WP(C) No.341/2013. Pursuant to the order of this Court dated 07.05.2014 passed in WP(C) No.341/2013, new advertisement dated 24.03.2015 and Corrigendum dated 27.03.2015 had been issued by the MPSC inviting applications to the 10 (ten) posts of Lecturers in Garo in Govt. colleges of Meghalaya. Under the said advertisement dated 24.03.2015, the age of the candidates should be between 18-27 years. The upper age limit is 30 years with usual relaxation of 5 years of ST/SC candidates and 35 years in respect of candidates serving in Meghalaya Aided Educational Institutions. There is no age limit for candidates who are already in Meghalaya Government Service provided they entered their services within the prescribed age limit. 4.
The upper age limit is 30 years with usual relaxation of 5 years of ST/SC candidates and 35 years in respect of candidates serving in Meghalaya Aided Educational Institutions. There is no age limit for candidates who are already in Meghalaya Government Service provided they entered their services within the prescribed age limit. 4. It is the further case of the petitioners that the petitioners who were once recommended for appointment to the said 10 (ten) posts of Lecturers in Garo in Govt. colleges of Meghalaya cannot apply for the said 10 (ten) posts of Lecturers in Garo in Govt. colleges of Meghalaya because of overage. One candidate who was also once recommended by the MPSC for the post of Lecturer pursuant to the earlier advertisement dated 21.08.2012 had approached this Court by filing a writ petition being WP(C) No.67/2015 for a direction similar with the one prayed for in the present writ petition. The said writ petition i.e. WP(C) No.67/2015 had already been allowed by this Court vide the said judgment and order dated 14.04.2015, the operative portion of which, read as follows:- “4. I have perused a fresh advertisement dated 24.03.2015 as well as corrigendum dated 27.03.2015 wherein, it appears that the age limit has already been fixed at from 18 to 30 years of age with a relaxation of 5 (five) years for Schedule Tribe as the petitioner’s counsel submits that the petitioner has already attained 37 (thirty seven) years, 4 (four) months, 10 (ten) days. Since the petitioner was already selected earlier, the selection list was quashed by this court due to the fault of the respondent. Therefore, I am of the considered view that for which, the petitioner should not be held responsible or to suffer. Therefore, the respondent is directed to allow the petitioner to sit for the examination condoning her over-age as a Special Case. However, this judgment and order will not apply to other normal cases.” 5. So far as the relaxation of upper age limit of the candidate is concerned, this Court is of the considered view that the present case is squarely covered by the earlier judgment and order of this Court dated 14.04.2015 passed in WP(C) No.67/2015. This Court is not making any observation as to the eligibility of the petitioners for appointment to the post of Lecturers in Garo in Govt. colleges of Meghalaya. 6.
This Court is not making any observation as to the eligibility of the petitioners for appointment to the post of Lecturers in Garo in Govt. colleges of Meghalaya. 6. For the foregoing reasons, this writ petition is disposed of by directing the respondents to allow the petitioners to sit for the examination for the said 10 (ten) posts of Lecturers in Garo in Govt. colleges of Meghalaya advertised vide advertisement dated 24.03.2015 and Corrigendum dated 27.03.2015 condoning their overage as a special case and however, this judgment and order should not be taken as a precedent. 7. In the result, this writ petition is allowed only to the extent indicated above.