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Judgment
The petitioner has filed the present petition with the following prayer:
(i) A Writ in the nature of Mandamus and/or Certiorari and/or any other appropriate writ order or direction should not be issued to
set aside and quashed the appointment Order No. SDSEO/MKT/PE/APPT/2015/409 dated Mawkyrwat 27.06.2016 issued by the
Respondent No. 4 in favour of the Respondent No.7.
(ii) a Writ in the nature of Mandamus and/or Certiorari and/or any other appropriate writ order or direction should not be issued to
set aside and quashed the recommendation given by the Respondent No. 6 in favour of the Respondent No.7 and to declare the
result of the interview to the post of Assistant Teacher of COG LP School, Rangmaw as per the norms laid down by the NCTE
Circular.
The case of the petitioner is that pursuant to the advertisement issued by respondent No. 5 on 22nd February, 2016, the petitioner applied for
the post of Assistant Teacher at the Rangmaw Church of God L.P. School. The interview was conducted on 4th March, 2016, result was
declared on 11th March, 2016 and the name of respondent No. 7 was recommended.
Learned counsel for the petitioner submits that respondent No. 7 was appointed as Assistant Teacher at the Rangmaw Church of God L.P.
School for 59 days i.e. w.e.f. 16.06.2016 to 13.08.2016 based on the recommendation made by respondent No. 5.
Learned counsel for petitioner also submits that the respondent No. 5 and 6 have not followed the instructions dated 1st April, 2015 issued by
respondent No. 2 i.e. the Director of School Education and Literacy (Annexure-11) and, therefore, the advertisement issued by respondent No. 5
was illegal.
The respondents No. 1 to 4 have filed the affidavit of Deputy Director of School Education and Literacy, Meghalaya, Shillong. In the affidavit,
the respondents have stated that vide letter No. DSEL/EDL/GA/APPT/15/2014/214, dated 1st April, 2015 issued by Director of School
Education and Literacy it was informed to all the District School Education Officer and the Sub-Divisional School Education Officer that
appointment of Lower Primary and Upper Primary School Teachers should be as per the NCTE norms.
The respondent No. 5 has also filed affidavit of the Secretary of the Church of God Educational Trust and the relevant paras of the affidavit read
as under:
That the answering Respondent No. 5 states that due to oversight, the Trust was not aware of the notification dated 01.04.2015
issued by the Respondent No.2 and as such, had failed to follow the instruction while conducting the selection process for the post of
Assistant Teacher at Rangmaw Church of God LP School (Annexure-11 of the writ petition).
That be that as it may, upon going through the affidavit filed by the State Respondents, it is found from the said affidavit that the
answering respondent while issuing the advertisement did not follow the norms as framed by the State Government, as such, based on
the statement of the State Respondents, the answering respondents makes a categorical statement that it is ready and willing to initiate
a fresh selection process for filing up the post in conformity with all the norms and rules.
Mr. P.N. Nongbri, learned counsel for the respondents No. 5 submits that the respondent No. 5 was not aware of the Notification dated 1st
April, 2015 issued by respondent No. 2 and as such did not follow the instructions while conducting the selection process for the post of Assistant
Teacher at the Rangmaw Church of God L.P. School. Learned counsel for respondent further submits that appointment of respondent No. 7 was
for a period of 59 days i.e. w.e.f. 16.06.2016 to 13.08.2016 and the said period has come to an end. After the expiry of 59 days, the respondent
No. 7 is no longer holding the post.
The respondent No. 5 has filed the affidavit of the Secretary of the Church of God Educational Trust today and a copy of the said affidavit has
been supplied to learned counsel for the petitioner. The relevant paras of the of the affidavit read as under:-
That the answering Respondent No. 5 states that due to oversight, the Trust was not aware of the notification dated 01.04.2015
issued by the Respondent No.2 and as such, had failed to follow the instruction while conducting the selection process for the post of
Assistant Teacher at Rangmaw Church of God LP School. 3. That the appointment of Respondent No.7 was only for a period of 59
(Fifty Nine) days. That the term has come to an end upon expiry of 59 (Fifty Nine) days and that the Respondent No.7 is no longer
holding the post.
At this state, Mr. S.M. Suna, learned counsel for petitioner submits that he is satisfied with the affidavit of respondent No. 5 filed today and the
petition may be disposed of.
Learned counsel for petitioner has filed an application separately in this regard. 11. In view of the facts and circumstances of the case and
affidavit of the Secretary of the Church of God Educational Trust filed by respondent No. 5 today as well as the application filed on behalf of the
petitioner, the petition stands disposed of. However, respondent No. 5 is at liberty to issue fresh advertisement in accordance with law.