AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. D.K.Warjri, learned counsel on behalf of the petitioners as well as Mr. K.P.Bhattacharjee, learned State counsel on behalf of the
State respondents and Mr. K.Paul, learned CGC on behalf of the Union of India.
The petitioner''s case in a nutshell is that:
The factual matrix leading to the filing of the instant application under article 226 of the Constitution of India is that National Council
for Teacher Education (NCTE) had issued a Notification dated 23/8/2010 stating that only those teachers who have the necessary
qualification such as 2 years Diploma in Elementary School, Bachelor of Elementary Education (B.EL.ED) and clearing the Teacher
Eligibility Test (TET) to be conducted by the appropriate Government in accordance with the Guidelines framed by National Council
for Teacher Education (NCTE) will be eligible to teach in the Primary and Upper Primary Schools. The Petitioners are qualified
teachers numbering 1400 all over the State of Meghalaya who have the necessary qualifications as specified by the National Council
for Teacher Education (NCTE). The Petitioners are aggrieved as in spite of the fact that approximately 900 posts are lying vacant in
the State, none of those posts are being advertised. Till date these vacant posts are being usurped by the untrained and unqualified
teachers under contractual basis who are playing with the future of the students. The State Respondents are very aware of the
situation but nothing is being done to rectify the same. Several communications with the State Respondents have failed to produce any
results. Hence, left with no other alternatives the Petitioners have come forward before this Hon''ble Court for its interference. Hence,
this instant writ petition.
Mr. D.K.Warjri, learned counsel for the petitioners submits that those persons having necessary qualifications such as Diploma in Elementary
School, Bachelor of Elementary Education (B.EL.ED) and clearing the Teacher Eligibility Test (TET) should be given appointment as teachers, but
the Govt. of Meghalaya is not following that. Pertaining to that, on 08-12-2015, a representation was placed before Hon''ble Chief Minister of the
State of Meghalaya but the same remained unaddressed.
Heard also Mr. K.P.Bhattacharjee, learned State counsel and Mr. K.Paul, learned CGC who submit that there is no specific allegation, and that
a general representation had been submitted by the petitioners. However, it is a settled principle of law that when any representation is made to any
authority, they are duty bound to address the same. Therefore, Government of Meghalaya, especially the Education Department is hereby directed
to follow up and look into the representation dated 08-12-2015 and give a speaking reply to the petitioners within a month.
With this observation and direction, this instant petition is allowed to that extent and stands disposed of.