Meghalaya High Court
Shri Giashuddin Ahmed And Ors vs The State Of Meghalaya And Ors on 1 June, 2015
Author: T Nandakumar Singh
Bench: T Nandakumar Singh
1
THE HIGH COURT OF MEGHALAYA
WP(C) No. 30 of 2014
1. Shri Giashuddin Ahmed,
S/o Shri Abdul Soban Ahmed,
R/o Khetadhowa, Phulbari,
West Garo Hills District,
Meghalaya.
2. Shri Mofiqul Islam,
S/o Abdul Jalil Sk
R/o Shyamding, Phulbari
West Garo Hills District,
Meghalaya.
3. Shri Moklezur Rahman,
S/o Md. Opial Rahman,
R/o Bholarbhita, Phulbari,
West Garo Hills District,
Meghalaya.
4. Shri Johirul Islam,
S/o Shri Meher Ali,
R/o Bholarbhita, Phulbari,
West Garo Hills District,
Meghalaya.
.....Petitioners
-Versus-
1. The State of Meghalaya represented
By the Commissioner and Secretary
to the Govt. of Meghalaya, Education
Department, Shillong.
2. The Principal Secretary Govt. of
Meghalaya, Education Department,
Shillong.
3. The Director of Mass and Elementary
Education, Meghalaya, Shillong.
4. The Selection Committee represented
by the Member Secretary,
the Deputy Director of Mass and
Elementary Education, Shillong.
....Respondents
2
BEFORE
THE HON'BLE MR JUSTICE T NANDAKUMAR SINGH
For the petitioner : Mr. S.Dey, Adv.
For the respondents : Mr. N.D.Chullai, Sr. GA.
Mr. H.Kharmih, GA
Date of hearing : 01-06-2015
Date of Judgment : 01-06-2015
AND
WP(C) No. 158 of 2014
1. Shri Norbert K.Marak,
R/o Tura, West Garo Hills
District Meghalaya.
2. Shri. Silseng R.Marak,
R/o Tura, West Garo Hills
District Meghalaya.
3. Shri Donny K.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
4. Shri. Jengman M. Sangma
R/o Tura, West Garo Hills
District Meghalaya.
5. Smti. Thina Ch. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
6. Smti. Canvera Chume D.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
7. Shri. Mosay P.Marak,
R/o Tura, West Garo Hills
District Meghalaya.
8. Shri. Rahendra A.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
9. Shri. Selbanush A.Marak,
R/o Tura, West Garo Hills
District Meghalaya.
3
10. Shri. Wilbirth M. Sangma,
R/o Tura, West Garo Hills
District Meghalaya
11. Shri. Grikseng G.Momin,
R/o Tura, West Garo Hills
District Meghalaya.
12. Shri. Sakul Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
13. Shri. Nerwin Ch. Marak,
R/o Tura, West Garo Hills,
District Meghalaya
14. Smti. Shungchi Elinte Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
15. Shri. Silgrikgrak D.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
16. Shri. Bandi T.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
17. Shri. Rikseng A.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
18. Shri. Christopher K.Marak,
R/o Tura, West Garo Hills,
District Meghalaya.
19. Smti. Marcillia Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
20. Smti. Chengji Bournie C.Marak,
R/o Tura, West Garo Hills
District Meghalaya.
21. Smti. Nanditha R. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
22. Smti Mermeena M. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
23. Smti. Anita G.Momin,
R/o Tura, West Garo Hills
4
District Meghalaya.
24. Smti. Rukme M.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
25. Smti. Simche A.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
26. Smti. Lesina A.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
27. Smti. Phyno M. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
28. Smti. Flory Tiara Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
29. Smti. Chime G.Momin,
R/o Tura, West Garo Hills
District Meghalaya.
30. Smti. Camelia A.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
31. Smti. Joanna K.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
32. Smti. Vithaline Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
33. Shri. Santos Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
34. Smti. Janu Rana,
R/o Tura, West Garo Hills
District Meghalaya.
35. Smti. Pyona Tengchi S.Marak,
R/o Tura, West Garo Hills
District Meghalaya.
36. Smti. Christlina Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
5
37. Smti. Jeny Rose Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
38. Smti. Sewina Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
39. Smti. Binna Seritha M. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
40. Smti. Welchita M. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
41. Smti. Tina Mery N. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
42. Smti. Beautie M. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
43. Smti. Tanya Derimchi Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
44. Shri. Nicky Bony M. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
45. Smti. Amina G. Momin,
R/o Tura, West Garo Hills
District Meghalaya.
46. Smti. Harthaline M. Momin,
R/o Tura, West Garo Hills
District Meghalaya.
47. Shri. Glasser Ronggrik M.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
48. Smti Diana A. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
49. Smti. Grecil K.Marak,
R/o Tura, West Garo Hills
District Meghalaya.
50. Smti Jane Leida K. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
6
51. Shri. Rameshwar Prasad,
R/o Tura, West Garo Hills
District Meghalaya.
52. Shri. Johnster B. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
53. Smti. Elizabeth A. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
54. Shri. Wenson T.Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
55. Shri. Rakseng K. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
56. Shri. Challam G.Momin,
R/o Tura, West Garo Hills
District Meghalaya.
57. Smti. Jenme Sundha M. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
58. Shri. Tenny Bonshan R. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
59. Smti. Omelia A. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
60. Smti. Noseng Chirey T. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
61. Smti. Sicily A. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
62. Shri. Tengrak S. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
63. Shri. Teroth Ch. Momin,
R/o Tura, West Garo Hills
District Meghalaya.
64. Shri. Decun Ch. Marak,
R/o Tura, West Garo Hills
7
District Meghalaya.
65. Smti. Bethsaida A. Sangma,
R/o Tura, West Garo Hills
District Meghalaya.
66. Shri. Salnang Ch. Marak,
R/o Tura, West Garo Hills
District Meghalaya.
.....Petitioners
-Versus-
1. The State of Meghalaya represented
by the Commissioner and Secretary
to the Govt. of Meghalaya, Education
Department, Shillong.
2. The Director of Mass and Elementary
Education, Meghalaya, Shillong.
3. The Selection Committee represented
by the Member Secretary,
the Deputy Director of Mass and
Elementary Education, Shillong.
4. The Deputy Inspector of Schools,
West Garo Hills District,
Tura, Meghalaya.
....Respondents
AND
WP (C) No.159/2014
1. Shri. Sunday Worker R Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
2. Shri. Mathy G. Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
8
3. Smti. Fanseritha K Sangma,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
4. Shri. Dildawan Momin
R/o Resubelpara,
North Garo Hills District, Meghalaya.
5. Shri. Rakesh Sangma,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
6. Smti. Jsahmitha Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
7. Smti. Reena Arengh,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
8. Smti. Jitha Sangma,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
9. Shri. Novel Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
10. Smti. Najum Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
11. Shri. Happy G. Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
12. Senggrik Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
13. Smti. Traisilda Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
14. Smti. Dipthy Sangma,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
9
15. Smti. Jinabel Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
16. Smti. Najima Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
17. Shri. Anthalsing Sangma,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
18. Shri. Saltam Shira,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
19. Shri. Sengnang Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
20. Shri. Rikhyash Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
21. Shri. Jullya Momin ,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
22. Predalline Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
23. Shri. Nobin Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
24. Shri. Ramesh Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
25. Smti. Milynlitizia Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
26. Smti. Nikemesalse Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
10
27. Shri. Rojarbin Sangma,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
28. Smti. Ringrang Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
29. Shri. Karjiglar Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
30. Shri. Elprius Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
31. Shri. Siljrang Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
32. Shri. Nepiar Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
33. Shri. Abay Lyngdoh Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
34. Smti. Sengchina Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
35. Smti. Tingring Sangma,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
36. Smti. Sikharani Rabha,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
37. Shri. Nasip Kr. Rabha,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
38. Smti. Arthilina Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
11
39. Smti. Sewali Rabha,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
40. Shri. Heston Rabha,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
41. Smti. Nurshy Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
42. Smti. Tengsime Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
43. Smti. Genevie Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
44. Smti. Nokmedora Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
45. Shri. Jenithal Sangma,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
46. Shri. Tengrak Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
47. Shri. Licken Momin,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
48. Shri. Simchirik Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
49. Smti. Rangme Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
50. Rinna Bibiana K. Marak,
R/o Resubelpara,
North Garo Hills District, Meghalaya.
12
....Petitioners
-Versus-
1. The State of Meghalaya represented by the
Commissioner & Secretary to the Govt. of Meghalaya,
Education Department, Shillong.
2. The Director of Mass and Elementary Education,
Meghalaya, Shillong.
3. The Selection Committee represented by the
Member Secretary, the Deputy Director of
Mass and Elementary Education, Meghalaya,
Shillong.
4. The Deputy Inspector of Schools,
North Garo Hills District, Meghalaya,
Resubelpara, Meghalaya.
....Respondents
AND
WP(C) No. 160 of 2014
1. Shri. Rudrason Ch. Sangma
R/O Dadengre
Sub-Division West Garo Hills District,
Meghalaya.
2. Shri. Sengbirth Ch. Momin
R/O Dadengre
Sub-Division West Garo Hills District,
Meghalaya.
3. Smti. Shri. Lockindra Rabha
R/O Dadengre
Sub-Division West Garo Hills District,
Meghalaya.
4. Shri.Milon Kumarmann
R/O Dadengre
Sub-Division West Garo Hills District,
Meghalaya.
13
5. Shri. Withnil M. Marak
R/O Dadengre
Sub-Division West Garo Hills District,
Meghalaya.
6. Smti. Atul D. Sangma
R/O Dadengre
Sub-Division West Garo Hills District,
Meghalaya.
7. Shri. Jerome T. Sangma
R/O Dadengre
Sub-Division West Garo Hills District,
Meghalaya.
8. Shri. Balsena Riksilchi Ch. Sangma
R/O Dadengre
Sub-Division West Garo Hills District,
Meghalaya.
9. Smti. Dijia M. Sangma
R/O Williamnagar
East Garo Hills District
Meghalaya.
....Petitioners
-VERSUS-
1. The State of Meghalaya represented
by the Commissioner and Secretary
to the Govt. of Meghalaya, Education
Department, Shillong.
2. The Director of Mass and Elementary
Education, Meghalaya, Shillong.
3. The Selection Committee represented
by the Member Secretary,
the Deputy Director of Mass and
Elementary Education, Shillong.
4. The Deputy Inspector of Schools Dadengre,
Sub-Division West Garo Hills District,
Meghalaya.
....Respondents
AND
WP(C) No. 161 of 2014
14
1. Shri. Boash A. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
2. Smti. Sengrina D. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya.
3. Smti. Asha Militha N. Arengh
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
4. Smti. Jesillia A. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
5. Smti. Tridhana Ch. Marak
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
6. Shri. Biranter Kumar Koch
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
7. Smti. Prativa Koch
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
8. Shri. Bernard D. Marak
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
9. Shri. Janata Koch
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
10. Shri. Ajantr Hajong
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
11. Smti. Donchera Ch. Momin
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
12. Smti. Ferdina Momin
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
13. Shri. Latlingson Ch. Marak
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
14. Smti. Memopathily D. Momin
15
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
15. Smti. Serollina M. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
16. Shri. Wanderson Ch. Marak
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
17. Shri. Witting A. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
18. Shri. Briquite Ch. Marak
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
19. Shri. Dillan Ch. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
20. Smti. Kuen M. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
21. Smti. Nomita Koch
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
22. Shri. Matgrik A. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
23. Shri. Walseng M. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
24. Shri. Sengbath B. Sangma
R/O Boldamgre, Ampati,
South West Garo Hills District, Meghalaya
....Petitioners
-VERSUS-
1. The State of Meghalaya represented
by the Commissioner and Secretary
to the Govt. of Meghalaya, Education
Department, Shillong.
2. The Director of Mass and Elementary
Education, Meghalaya, Shillong.
16
3. The Selection Committee represented
by the Member Secretary,
the Deputy Director of Mass and
Elementary Education, Shillong.
4. The Deputy Inspector of Schools Ampati,
South West Garo Hills District,
Meghalaya.
....Respondents
AND
WP(C) NO. 162 of 2014
1. Shri. Lohindro Ch. Marak
R/O Pakwakgre
East Garo Hills Disrict,
Meghalaya
2. Shri. Greatwin D. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya.
3. Smti. Susila D. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
4. Shri. Grosbell S. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
5. Shri. Pilson M. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
6. Smti. Maduri D. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
7. Smti. Menuritha C. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
8. Shri. Batseng C. Marak
17
R/O Williamnagar
East Garo Hills District,
Meghalaya
9. Smti. Dijia M. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
10. Shri. Shakespear K. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
11. Shri. Matilda W. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
12. Smti. Sanjila C. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
13. Smti. Verginia K. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
14. Smti. Evarina R. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
15. Shri. Protesh Arengh
R/O Williamnagar
East Garo Hills District,
Meghalaya
16. Smti. Noterak R. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
17. Shri. Jallim A. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
18. Smti. Presilda D. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya.
18
19. Smti. Silsrangberth K. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
20. Shri. Rajib M. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
21. Shri. Karting M. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
22. Shri. Daipish D. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
23. Shri. Krunden R. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
24. Shri. Haidingshing N. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
25. Shri. Omo R. Mara
R/O Williamnagar
East Garo Hills District,
Meghalaya
26. Smti. Nanseritha G. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
27. Smti. Sengmitchi M. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
28. Shri. Twilson Ch. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
29. Smti. Grenoline Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
19
30. Shri. Shillimberth T. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
31. Shri. Titus Ch. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
32. Shri. Rakberth R. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
33. Smti. Portia M. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
34. Smti. Primalia D. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
35. Smti. Teresha G. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
36. Smti. Susillina C. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
37. Smti. Sengje G. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
38. Smti. Grejillne R. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
39. Smti. Basanti. Mrak
R/O Williamnagar
East Garo Hills District,
Meghalaya
40. Shri. Nikrak G. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
20
41. Smti. Srity M. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
42. Smti. Graceberina D. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
43. Smti. Jostilla R. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
44. Smti. Mequent K. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
45. Shri. Lethicia N. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
46. Shri. Madrick N. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
47. Smti. Nicelinda D. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
48. Shri. Rickseng R. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
49. Shri. Raksengbirth Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
50. Smti. Munty M. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
51. Smti. Hilla R. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
21
52. Smti. Shantimaiya R. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
53. Smti. Selvina Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
54. Shri. Zatseng D. Shira
R/O Williamnagar
East Garo Hills District,
Meghalaya
55. Smti. Tracy Telma Ch. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
56. Smti. Noganoamy G. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
57. Shri. Jackman G. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
58. Shri. Brimstar Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
59. Shri. Christbirth Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
60. Smti. Dingsi A. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
61. Shri. Nattil G. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
62. Shri. Sengphan K. Marak
R/O Williamnagar
East Garo Hills District,
Meghalaya
22
63. Shri. Robyllyne W. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
64. Shri. Gothame M. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
65. Smti. Noralisha G. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
66. Smti. Jeronthina G. Momin
R/O Williamnagar
East Garo Hills District,
Meghalaya
67. Shri. Ranitha A. Sangma
R/O Williamnagar
East Garo Hills District,
Meghalaya
68. Shri. Bindu Mara
R/O Williamnagar
East Garo Hills District,
Meghalaya.
...Petitioners
-VERSUS-
1. The State of Meghalaya represented
by the Commissioner and Secretary
to the Govt. of Meghalaya, Education
Department, Shillong.
2. The Director of Mass and Elementary
Education, Meghalaya, Shillong.
3. The Selection Committee represented
by the Member Secretary,
the Deputy Director of Mass and
Elementary Education, Meghalaya, Shillong.
4. The Deputy Inspector of Schools Williamnagar,
East Garo Hills District,
Meghalaya.
....Respondents
23
AND
WP(C) No. 163 of 2014
1. Shri. Johan Neister A. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
2. Shri. Salseng R. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
3. Shri. Bathseng R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
4. Shri. Casmir M. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
5. Smti. Rocksjeoline R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
6. Smti. Mose Ch. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
7. Smti. Bobitha Ch. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
8. Smti. Trailish R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
9. Shri. Walnang P. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
10. Smti. Mathilda M. Sangma
R/O Chokpot, Baghmara
24
South Garo Hills District,
Meghalaya.
11. Shri. Bartholomew D. Shira
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
12. Shri. Batchang P. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
13. Shri. Alberth R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
14. Smti. Bresilla A. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
15. Smti. Idalisha P. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
16. Smti. Runu M. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
17. Shri. Apdul R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
18. Smti. Marina S. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
19. Smti. Jasimchi N. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
20. Smti. Bethany M. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
21. Shri. Ronjoy Hajong
R/O Chokpot, Baghmara
25
South Garo Hills District,
Meghalaya.
22. Smti. Shima G. Momin
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
23. Shri. Robirash S. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
24. Shri. John Clean M. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
25. Shri. John Albert Ch. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
26. Shri. Eldrin D. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
27. Shri. Marbilson R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
28. Shri. St. Federal N. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
29. Shri. Mithuel Silchi Momin
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
30. Shri. Sebitson Ch. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
31. Shri. Tobish R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
32. Shri. Thero M. Marak
R/O Chokpot, Baghmara
26
South Garo Hills District,
Meghalaya.
33. Shri. Linush Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
34. Shri. Ajithson D. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
35. Shri. John Billingstone N. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
36. Shri. Francis Ch. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
37. Smti. Semitha D. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
38. Shri. Etwilthone D. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
39. Shri. Prewbirth R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
40. Shri. Justin D. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
41. Smti. Sanjeeta A. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
42. Smti. Bina R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
43. Smti. Aujella A. Sangma
R/O Chokpot, Baghmara
27
South Garo Hills District,
Meghalaya.
44. Shri. Sengman Ch. Momin
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
45. Shri. Shehring T. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
46. Shri. Subash Ch. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
47. Shri. Grebing Ch. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
48. Shri. Rosebild M. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
49. Shri. Ranibell G. Momin
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
50. Shri. Glesdon S. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
51. Shri. Milkson Ch. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
52. Shri. Tuphan R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
53. Smti. Phillomina Ch. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
54. Shri. Edwin Ch. Marak
R/O Chokpot, Baghmara
28
South Garo Hills District,
Meghalaya.
55. Shri. Printlet R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
56. Shri. Ramu Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
57. Shri. Tarphin G. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
58. Shri. Sating G. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
59. Smti. Irina Alberto B. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
60. Shri. Rolkin R. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
61. Shri. Nicksen Ch. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
62. Shri. Jewlegn N. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
63. Shri. Zimreeve R. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
64. Shri. Jeter Ch. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
65. Smti. Doksindha N. Sangma
R/O Chokpot, Baghmara
29
South Garo Hills District,
Meghalaya.
66. Smti. Merry R. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
67. Smti. Sengslin R. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
68. Smti. Torinna R. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
69. Shri. Cheman M. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
70. Shri. Meharsing R. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
71. Shri. Sarpha N. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
72. Smti. Prejit K. Sangma
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
73. Smti. Mayabeny G. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
74. Smti. Jolitha Ch. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
75. Shri. Jeston Ch. Marak
R/O Chokpot, Baghmara
South Garo Hills District,
Meghalaya.
....Petitioners
30
-Versus-
1. The State of Meghalaya represented
by the Commissioner and Secretary
to the Govt. of Meghalaya, Education
Department, Shillong.
2. The Director of Mass and Elementary
Education, Meghalaya, Shillong.
3. The Selection Committee represented
by the Member Secretary,
the Deputy Director of Mass and
Elementary Education, Meghalaya, Shillong.
4. The Deputy Inspector of Schools Baghmara,
South Garo Hills District,
Tura, Meghalaya.
....Respondents
BEFORE
THE HON'BLE MR JUSTICE T NANDAKUMAR SINGH
For the petitioner : Mr. P.T.Sangma, Adv.
For the respondents : Mr. N.D.Chullai, Sr. GA.
Mr. H.Kharmih, GA
Date of hearing : 01-06-2015
Date of Judgment : 01-06-2015
JUDGMENT AND ORDER (ORAL)
These seven writ petitions filed by the candidates failed in the Selection test, seeking similar relief basing on the similar question of fact and law are being disposed of by this common judgment and order. For example, the relief sought for in WP(C) No. 158/2014 is quoted hereunder:
31"In the premises aforesaid, it is therefore prayed that your Lordship, would be please:
(i) Admit this Writ Petition.
(ii) Issue Rule Calling upon the State respondents to show cause and call for the entire records of the selection process for detailed examination and scrutiny by this Hon‟ble Court.
(iii) Issue an appropriate Writ, order or direction in the nature of Certiorari quashing the entire selection process as being invalid, arbitrary and against the principle of natural justice and quashing the candidatures and appointments of the Respondents.
(iv) Issue an appropriate Writ, order or direction in nature of mandamus commanding the State Respondents to response to the representation submitted by the petitioners thereby examine and scrutinize the candidatures of the petitioners by the high level scrutinize committee as per the common judgment and order dated 16-
08-2012 and segregate the tainted candidates who do not deserve to hold the post of the Assistant Teacher in Govt. L.P.School.
(v) Alternatively, the names of the Petitioners be included in the list of qualified candidates after removing the manipulation made while selecting the qualified candidates to the post of Assistant Teachers in Govt. L.P.School, Tura, West Garo Hills District, Meghalaya.
(vi) Re-examine the score-sheet of the petitioners or entire selection process and remove the tainted candidates and appoint the petitioners if found eligible and deserving after making an enquiry into the matter same like the other 9 batch of Writ petitioners mentioned in paragraph 10 and 11 of this instant writ petition.
(vii) And upon cause being shown and after hearing the parties be further pleased to make the Rule absolute.
(viii) And be further please to pass any such order/ orders as your Lordships deem fit and proper. And for which act of your kindness, your humble Petitioners shall ever pray."
2. Since the seven writ petitions are filed on the similar question and fact of law, in order to avoid the repetition of 32 facts, the gist of the fact of the case in WP(C) No. 158/2014 is noted for reference for deciding the matters in issue between the parties in the present seven writ petitions.
3. The Deputy Inspector of Schools issued an advertisement dated 10-12-2008 inviting applications in Standard Form from eligible candidates to the post of "Asstt.
Teachers" in the Government Lower Primary Schools in the scale of pay of Rs. 3450-80-3930-EB-90-4650-100-5650/- per month. The age limit prescribed in the said advertisement was that the candidates should not be less than 18 years of age and more than 27 years of age (32 years for SC/ST) on the 1st day of December, 2008. The candidates who were found to be eligible and qualified for the post were to appear for the personal interview to be conducted by the Selection Committee constituted by the Government.
4. In pursuance of the advertisement dated 10-12-2008, the petitioner and others having requisite qualification for appointment to the post of Asstt. Teachers had applied for the said post of Asstt. Teachers in the Government Lower Primary Schools. It is the case of both the parties that the Government of Meghalaya prescribed the procedure to be followed in the matter of appointment of teachers in the Government Lower Primary Schools vide order dated 24-11-2008 (Annexure-III to the present writ petition). For easy reference, the said order of the Government of Meghalaya dated 24-11-2008 is quoted hereunder:
33"GOVERNMENT OF MEGHALAYA EDUCATION DEPARTMENT ORDERS BY THE GOVERNOR NOTIFICATION No. EDN. 360/85/Pt II/428 Dated Shillong the 24th November 2008.
In supercession of Notification No. EDN.360/85/Pt II/360 dated 18/02/2005, the Governor of Meghalaya is pleased to prescribe the following procedure to be invariably adopted in all matters of appointment of teachers in Government L.P. Schools with immediate effect.
THE ELIGILIBILITY TEST FOR PRIMARY
SCHOOL TEACHERS
1. There shall be an Eligibility Test for all persons desirous of applying for appointment as L.P. School teachers and only persons who have passed the test shall be eligible for appointment as such L.P. School teachers;
Provided that the following persons are exempted from the requirement to pass the aforesaid Eligibility Test:-
(i) Persons possessing qualifications which are higher than the minimum qualification prescribed for appointment as L.P. School teacher with not less than 45% marks in their degree examination.
(ii) Persons who have successfully completed the course of training for L.P. School teachers conducted by District Institutes for Education and Training (DIETs), Normal Training Schools (NTSs), Basic Training Centres (BTCs) and Cherra Teachers‟ Training Centre (CTTC) and obtained the Junior Teachers‟ Training Certificate/Diploma in Elementary Teacher Education (DETE)/ Diploma in Education (D Ed.).
(iii) Persons who possess the minimum qualification prescribed for appointment as L.P. School teacher who have been teaching in L.P. Schools for a 34 period of not less than 5 (five) years from the date of issue of this notification.
2. The Eligibility Test shall be conducted Sub-
Division wise by the Education Department through the Directorate of Educational Research and Training.
3. The test shall be conducted as and when required.
4. The centres for the examination shall be at Shillong, Tura, Jowai, Williamnagar, Nongpoh, Nongstoin, Baghmara, Khliehriat, Amlarem, Sohra, Mairang, Mawkyrwat, Resubelpara, Dadenggiri and Ampati.
ELIGIBILITY TO APPEAR IN THE TEST
5. Only persons who possess the minimum qualification for appointment as L.P. School teacher as prescribed by the Government from time to time are eligible to sit in the Test.
PERIOD OF VALIDITY
6. The validity of the result of the Test shall be 3 years with effect from the date of announcement of the results or the attainment by the person concerned of the maximum age of recruitment as prescribed by Government from time to time whichever is earlier.
WRITTEN EXAMINATION
7. The Eligibility Test shall consist of a Written Examination in the subjects indicated below to be followed by the Personal Interview.
8. The Written Examination shall consist of 2 (two) papers as follows:-
35Paper I - English (50 marks) Language (50 marks) - 100 marks Paper II - Mathematics & Science (50 marks General Knowledge (50) marks - 100 marks TOTAL - 200 marks The pass mark for each paper shall be 40%
9. The duration of the Written Examination shall be 3 (three) hours in each paper.
Paper I - 9.00 a.m. - 12.00 noon
Paper II - 1.00 p.m. - 4.00 p.m.
10. The Question Papers for the Written Examination shall be prepared by the Director, Educational Research and Training.
11. Invigilation shall be done by the S.Is. of Schools, Social Education Organizers and Lady Social Education Organizers. In addition, the D.I. of Schools shall also draft the services of Upper Primary School teachers in his area.
12. The Answer Scripts shall be evaluated by the Director of Educational Research and Training and his/her Officers.
PERSONAL INTERVIEW
13. Only those candidates who have secured the pass marks in both the papers shall be called for Personal Interview.
14. The date, time and venue of the Personal Interview shall be widely publicized through newspapers and other media in the concerned Sub-Division.
15. The full marks for the Personal Interview shall be 50 (fifty) and the distribution of the marks will be as follows:-
36(i) Academic Qualification - 20 marks.
(ii) Personality - 10 marks.
(iii) Ability to express himself/herself -10 marks.
(iv) Suitability as a Teacher, which will include practical teaching - 10 marks.
TOTAL - 50 marks.
The pass marks shall be 20 marks out of 50 marks.
16. The various educational qualifications possessed by the candidates who have passed the Written test shall be given due weightage as follows:-
(a) PU/HSSLC/ Class XII passed -1st Division -5 marks 2nd Division- 3 marks 3rd Division - 1 mark
(b) Graduation - 1st Class - 5 marks 2nd Class - 3 marks Simple Pass - 1 mark
(c) Post Graduation - 1st Class - 5 marks 2nd Class - 3 marks Simple Pass - 1 mark
(d) DIET/BTC - 1st Class - 5 marks 2nd Class - 3 marks PERSONAL INTERVIEW BOARD
17. The Personal Interview shall be conducted by an Interview Board to be constituted and notified by the Government as follows:-
(i) Director, Elementary and Mass Education or representative from the Directorate of Elementary and Mass Education.
(ii) Inspector of Schools concerned.
(iii) Nominee of the Sub-Divisional Officer (Civil) concerned.37
(iv) The Nodal Officer from the Directorate of Educational Research and Training in-charge of the concerned Sub-Division.
APPLICATION FORMS AND EXAMINATION FEE
18. The application forms shall be accompanied by the following:
(i) Examination Fee of Rs. 350/- per candidate.
(ii) 2 Passport size photographs duly attested by a Magistrate.
(iii) All certificates and mark sheets in support of educational qualification, age, community/ tribe etc. duly attested by a gazetted officer.
19. The intending candidates may submit their application forms in the office of the Deputy Inspector of Schools concerned who will in turn forward all such applications to the Director, Educational Research and Training for necessary screening.
20. The list of eligible candidates will be displayed in the notice board of the offices of the D.I. of Schools, the Sub- Divisional Officer (Civil) and the Block Development Officer/s concerned.
21. For the information of all concerned, wide publicity will be given through newspapers and other media that the result of screening and the names of those eligible to appear in the Eligibility Test and the date, time and venue of the Written Examination may be seen in the notice boards of the offices mentioned at Para 20.
RESULT OF THE ELIGIBILITY TEST
22. A candidate who has passed the Personal Interview shall be declared to have passed the Eligibility Test.
23. The results of the Eligibility Test shall be given wide publicity by announcement through the media.
38CERTIFICATE OF ELIGBILITY
24. A certificate to the effect that the concerned candidate has qualified for appointment as Primary School teacher shall be issued to him under the signature of the Director, Educational Research and Training.
FILLING UP OF VACANCIES
25. The vacancy which may arise in any school by reason of creation of a new post or redeployment of a post or retirement or death of the incumbent teacher or for any other reason shall be informed by the D.I. of Schools concerned to the Director, Elementary and Mass Education who will in turn inform the Government along with the number of sanctioned posts and the details of enrolment in the school and thereafter seek the approval of the Government to take steps to fill up the same through interview of candidates who have passed the Eligibility Test and those who have been exempted from passing the Eligibility Test as per Para 1 above.
26. On receipt of the Government approval, the DEME through the DI of Schools concerned, shall notify in the notice board of the said school and the office of the said DI of Schools, the availability of such vacancy.
27. Thereafter, the Personal or Walk in Interview shall be held in the Sub-Divisional or Sub-Divisional (Sadar) Headquarter under whose jurisdiction the school concerned is located on a date and time and at a venue to be fixed by the DEME and notified and publicized through the DI of Schools concerned.
28. Interested and eligible candidates may bring their certificates and testimonials in support of their educational qualification, age, community, etc and appear at the interview;
39Provided that the candidates should be within the following age limits as on 1st January of the year on which the post is advertised:-
(i) In the case of candidates who have been mentioned at sub-paragraphs (i) and (ii) of paragraph 1 of this notification, the candidate should not be less than 18 years of age and should not have crossed 27 years of age (relaxable upto 32 years in the case of SC/ST candidates);
(ii) In the case of candidates mentioned at sub paragraph
(iii) of paragraph 1 of this notification, the candidates should have first entered service (contractual or otherwise) within the age limit mentioned at sub-
paragraph (i) of this paragraph;
SELECTION COMMITTEE
29. The Selection Committee shall consist of the following members:-
(i) SDO/EAC of the subdivision
Concerned -Chairman
(ii) Deputy DEME -Member Secretary
(iii) Headmaster/Assistant Headmaster Of any Govt. UPS to be nominated By DEME - Member
(iv) Head teacher of the Government LPS where the vacancy occurs - Member
(v) Lecturer of a DIET located in the District concerned to be nominated By the Director ERT - Member 40
30. The office of the DI of Schools concerned shall render all necessary secretarial help and other assistance to the Selection Committee in the conduct of the interview.
31. The full marks for this personal interview shall be 50 (fifty) and the distribution of marks shall be as follows:-
(i) Academic Qualification - 10 marks
(ii) Professional Qualification - 10 marks
(iii) Suitability - 10 marks
(iv) Experience - 10 marks
(v) Micro-teaching ability - 10 marks The following weightage will be applicable:-
Under the "Academic Qualification" head
(i) Degree level (45%+) and above - 10 marks
(ii) Class XII passed 1st Division - 7 marks 2nd Division - 5 marks 3rd Division - 2 marks Under the "Professional Qualification" head
(iii) SET qualified candidate - 10 marks
(iv) BTC/DIET passed - 8 marks
(v) B.Ed - 5 marks Under the "Experience" head
(vi) Contractual teachers (one account of Experience) - 7 marks MERIT LIST
31. After Personal Interview is conducted the list of recommended candidates in order of merit shall be prepared by the Selection Committee and the same shall be sent by the 41 Director, Elementary & Mass Education to the Education Department for approval.
Sd/-
(L.Roy) Commissioner & Secretary Government of Meghalaya, Education Department".
5. It is stated that the selection test of the candidates for the said post had been conducted and the list of the qualified candidates was published on 23-12-2009. The Government of Meghalaya had also issued the appointment orders for appointing the selected candidates as teachers in the Government L.P. School. The 9(nine) writ petitions being WP(C) No. 106(SH)/2010, WP(C) No. 51(SH)/2010, WP(C)No. 52(SH)/2010, WP(C) No. 88 (SH)/2010, WP(C)No.408(SH)/2010, WP(C) No.267 (SH)/2010, WP(C) No. 50 (SH)/2010, WP(C) No. 15 (SH)/ 2010 and WP(C) No. 182 (SH)/2010 had been filed by the failed candidates challenging the said select list dated 23-12-2009 and also for quashing the entire selection process alleging manipulations, partiality and illegality committed by the Selection Committee in the selection process. The 9(nine) writ petitions had been disposed of by the learned Single Judge vide common judgment and order dated 21-10-2011 directing the CBI to enquire into the allegations of the petitioners made in the said writ petitions. Para No. 40 of the common judgment and order of the learned Single Judge dated 21-10-2011 read as follows:
42"40. For what has been stated in the foregoing, all the writ petitions are allowed. The CBI is, therefore, directed to inquire into the allegations of the petitioners in Paper Mark-„A‟, Paper Mark-„B‟ and Paper Mark-„C‟ annexed to WP(C) No. 106(SH) of 2010, the allegations made in paragraphs 8 and 9 of the writ petition in WP(C) No. 88(SH) of 2010, the allegations in paragraphs No. 5 and 9 of the writ petition in WP(C) No. 52(SH) of 2010, the allegations made in paragraphs No. 13 and 16 of the writ petition in WP(C) No. 408(SH) of 2010, the allegations made in paragraphs No. 5,6 and 7 of the writ petition in WP(C) No. 51(SH) of 2010, the allegations made in paragraphs No. 15 and 16 of the writ petition in WP(C) No. 15(SH) 2010, the allegations made in Paper Mark-„A‟, Paper Mark-„B‟ and Paper Mark-„C‟ of the writ petition in WP(C) No. 267(SH) of 2010, the allegations made in paragraphs No. 5,6 and 7 of the writ petition in WP(C) No. 50(SH) 2010 and the allegations made in Paper Mark-„A‟ and page 86 of the writ petition in WP(C) No. 182(SH) of 2010 as expeditiously as possible and submit the inquiry report within a period of three months from the date of receipt of this judgment. The original files relating to the DPC proceedings bearing No. DEME- 2/Per/2009 (Amlarem), No. DEME-8A/Per/2009 (Jowai), No. DEME-1/Per/2009/1 (Shillong), No. DEME/GA/8/Appt/2008 (Jowai), No. DEME/GA/Appt/7/2008 (Dedengre) and No. DEME-3/Per/2009 (Tura) shall be kept by the Registry under sealed cover and shall be handed over to the CBI as and when required after duly obtaining their acknowledgment thereof. On the basis of the inquiry report so submitted, the respondent authorities shall take necessary and consequential actions on the basis of the inquiry 43 report submitted by the CBI including cancellation of the entire selection processes and the appointments already made in connection therewith and re-starting of the recruitment process to fill up the posts in question within a period of two months thereafter. If the petitioners are still aggrieved by the decision of the State-
respondents, they are at liberty to approach this Court again for further and appropriate orders. The parties are, however, directed to bear their respective costs. Communicate this order to the Superintendent of Police, CBI, Shillong for necessary compliance. It is expected that the State- respondents extend cooperation to the CBI for smooth and effective inquiry into the matters".
6. The respondents in the said 9(nine) writ petitions had filed the writ appeals being No. WA. No. (SH) 52/2011, WA.
No. (SH) 55/2011, WA. No. (SH) 56/2011, WA. No. (SH) 57/2011, WA. No. (SH) 59/2011, WA. No. (SH) 60/2011, WA.
No. (SH) 61/2011, WA. No. (SH) 62/2011, WA. No. (SH) 53/2011, WA. No. 63 (SH) /2011 and WA.No. 65 (SH)/2011.
The said writ appeals also had been disposed of by the learned Division Bench vide common judgment and order dated 16-08-2012. The operative portions of the said common judgment and order of the Division Bench dated 16-08-2012 read as follows:
"29. Hence, taking into consideration the above and by balancing the circumstances, in our opinion, cause of justice would be met, if the Principal Secretary to the Government of Meghalaya in the Education Department is directed to constitute a High Level Scrutiny Committee of Officials without any stigma to 44 scrutinize and review the records regarding the candidature of the selected and unselected candidates involved within the ambit and scope of connected writ petitions being WP(C) Nos. 106(SH)/2010, 51(SH)/2010, 52(SH)/2010, 88(SH)/2010, 408(SH)/2010, 267(SH)/2010, 50(SH)/2010, 15(SH)/2010 and 182(SH)/2010 so as to ascertain the legality/basis of such selection or non-selection, as the case may be, and thereafter by segregating the tainted candidates from the non-tainted, take appropriate actions in accordance with law to offer appointment/confirm appointments of duly selected candidates whether already appointed or not and also terminate the candidature/appointment of the ineligible candidates and appoint eligible candidates including the writ petitioners, if found suitable. While undertaking this exercise the authorities shall also take beneficial assistance and guidance of the findings, if any, recorded legitimately by the CBI in its enquiry report now lying at the custody of the State Authorities. Needless to say, it will also be the duty of the State Government not to spare any officer or authority, howsoever high he may be, if any deliberate complicity is found in the matter of vitiating or otherwise interfering with the selection process".
7. On perusal of the operative portions of the common judgment and order of the learned Single Bench dated 21-10- 2011 and learned Division Bench dated 16-08-2012, it is clear that the directions of the learned Division Bench in the said common judgment and order dated 16-08-2012 are confined only to the writ petitioners of the said 9(nine) writ petitions. Long after the disposal of the said 9(nine) writ petitions by the common judgment and order of the learned Single Judge dated 21-10-2011 and also the said writ appeals by a common judgment and order by the learned Division Bench dated 16-08-2012, the present writ petitioners had filed the present writ petitions. The respondents had filed the 45 affidavit-in-opposition contending that the present writ petitions which had been filed after a considerable delay are liable to be dismissed at the thresh-hold and also stated that the writ petitioners who were the fence sitters cannot take the advantage of the said common judgment and order of the learned Division Bench dated 16-08-2012 passed in the said writ appeals inasmuch as the directions of the learned Single Bench and learned Division Bench are confined to the writ petitioners of the said 9(nine) writ petitions. This Court had carefully perused the pleadings of the petitioners in the present writ petition and affirmed that no reason had been given for considerable delay in approaching this Court for challenging the select list which was published on 23-12-2009 and also for the direction to examine and scrutinize the candidature of the petitioners by a High Level Scrutiny Committee as per common judgment and order dated 16-08- 2012 passed by the learned Division Bench in the said writ appeals.
8. The Apex Court in Rup Diamond vrs Union of India:
(1989) 2 SCC 356 held that the writ petitioners who were sitting on the fence till somebody else takes up the matter to the Court cannot be given the benefit of the relief granted in the writ petitions which were filed promptly. (SCC page 356-
357) in Rup Diamond's case (Supra) read as follows:
"Petitioners are re-agitating claims which they had not pursued for several years. Petitioners were not vigilant but were content to be dormant and chose to sit on the fence till somebody else's case came to be decided. Their case cannot be 46 considered on the analogy of one where a law had been declared unconstitutional and void by a court, so as to enable persons to recover monies paid under the compulsion of a law later so declared void. There is also an unexplained, inordinate delay in preferring the present writ petition which is brought after almost a year after the first rejection. As observed by the Court in Durga Prashad case (Durga Prashad v. Chief Controller of Imports and Exports: (1969) 1 SCC 185 ), the exchange position of this country and the policy of the government regarding international trade varies from year to year. In these matters it is essential that persons who are aggrieved by orders of the government should approach the High Court after exhausting the remedies provided by law, rule or order with utmost expedition. Therefore, these delays are sufficient to persuade the Court to decline to interfere. If a right of appeal is available, this order rejecting the writ petition shall not prejudice petitioners' case in any such appeal."
9. The Apex Court is of the similar view in Jagdish Lal vrs State of Haryana: (1997) 6 SCC 538 and re-affirmed the rule if a person choose to sit over the matter and wake up after the decision of the Court, then such persons cannot stand to benefit (SCC p 542 in Jagdish Lal's case (Supra) read as follows:
"The delay disentitles a party to discretionary relief under Article 226 or Article 32 of the Constitution. The appellants kept sleeping over their rights for long and woke up when they had the impetus from Virpal Singh Chauhan case Union of India v. Virpal Singh Chauhan, (1995) 6 SCC 684: 1996 SCC (L&S) 1 : (1995) 31 ATC 813. The appellants' desperate attempt to redo the seniority is not amenable to judicial review at this belated stage".
10. The Apex Court in Union of India vrs C.K Dharagupta: (1997) 3 SCC 395 held that :
47"9. We, however, clarify that in view of our finding that the judgment of the Tribunal in R.P. Joshi ( R.P Joshi v. Union of India, OA No. 497 of 1986 decided on 17-03-1987) gives relief only to Joshi, the benefit of the said judgment of the Tribunal cannot be extended to any other person. The respondent C.K. Dharagupta (since retired) is seeking benefit of Joshi case (Supra). In view of our finding that the benefit of the judgment of the Tribunal dated 17-3-1987 could only be given to Joshi case (supra) and nobody else, even Dharagupta is not entitled to any relief."
11. The Apex Court in Government of West Bengal vrs Tarun K. Roy: (2004) 1 SCC 347 held that the respondents are not even entitled to any relief on the ground of gross delay and lapses on their part in filing the writ petitions. (SCC p 359-360 para 34) in Tarun K.Roy's case (Supra) read as follows:
"34. The respondents furthermore are not even entitled to any relief on the ground of gross delay and laches on their part in filing the writ petition. The first two writ petitions were filed in the year 1976 wherein the respondents herein approached the High Court in 1992. In between 1976 and 1992 not only two writ petitions had been decided, but one way or the other, even the matter had been considered by this Court in Debdas Kumar (State of W.B. v. Debdas Kumar, 1991 Supp (1) SCC 138 : 1991 SCC (L&S) 841 : (1991) 17 ATC
261). The plea of delay, which Mr. Krishnamani states, should be a ground for denying the relief to the other persons similarly situated would operate against the respondents. Furthermore, the other employees not being before this Court although they are ventilating their grievances before appropriate courts of law, no order should be passed which would prejudice their cause. In such a situation, we are not prepared to make any observation only for the purpose of grant of some relief to the respondents to which they are not legally entitled to so as to deprive others there from who may be found to be entitled thereto by a court of law."48
12. The Apex Court in UP Jal Nigam and Anr vrs Jaswant Singh and Anr: (2006) 11 SCC 464 held that the petitioners who are non-vigilant in invoking the protection of their right cannot be heard after delay on the ground that same relief should be granted as was granted to other persons similarly situated, but who are vigilant of their right. Paras 13 and 16 of the SCC in UP Jal Nigam's case (Supra) read as follows:
"13. In view of the statement of law as summarized above, the respondents are guilty since the respondents has acquiesced in accepting the retirement and did not challenge the same in time. If they would have been vigilant enough, they could have filed writ petitions as others did in the matter. Therefore, whenever it appears that the claimants lost time or whiled it away and did not rise to the occasion in time for filing the writ petitions, then in such cases, the Court should be very slow in granting the relief to the incumbent. Secondly, it has also to be taken into consideration the question of acquiescence or waiver on the part of the incumbent whether other parties are going to be prejudiced if the relief is granted. In the present case, if the respondents would have challenged their retirement being violative of the provisions of the Act, perhaps the Nigam could have taken appropriate steps to raise funds so as to meet the liability but by not asserting their rights the respondents have allowed time to pass and after a lapse of couple of years, they have filed writ petitions claiming the benefit for two years. That will definitely require the Nigam to raise funds which is going to have serious financial repercussion on the financial management of the Nigam. Why should the Court come to the rescue of such persons when they themselves are guilty of waiver and acquiescence?
16. Therefore, in case at this belated stage if similar relief is to be given to the persons who have not approached the Court that will unnecessarily overburden the Nigam and the Nigam will completely collapse with the liability of payment to these persons in terms of two years' salary and 49 increased benefit of pension and other consequential benefits. Therefore, we are not inclined to grant any relief to the persons who have approached the Court after their retirement. Only those persons who have filed the writ petitions when they were in service or who have obtained interim order for their retirement, those persons should be allowed to stand to benefit and not others. We have been given a chart of those nine persons, who filed writ petitions and obtained stay & are continuing in service. They are as follows:
1. Shri Bhawani Sewak Shukla
2. Shri Vijay Bahadur Rai
3. Shri Girija Shanker
4. Shri Yogendra Prakash Kulshresht
5. Shri Vinod Kumar Bansal
6. Shri Pradumn Prashad Mishra
7. Shri Banke Bihari Pandey
8. Shri Yashwant Singh
9. Shri Chandra Shekhar And the following persons filed Writ Petitions before retirement but no stay order was granted.
1. Shri Gopal Singh Dangwal (WP No. 35384 of 2005 vide order dated 5-5-2005)
2. Shri R.R. Gautam (WP No. 45495 of 2005 vide order dated 15-6-2005)."
14. For the foregoing reasons, this Court is of the considered view that the writ petitioners, who are the fence sitters, approached this Court after a considerable delay for questioning the said select list dated 23-12-2009 and also for extending them the benefit of the common judgment and order of the learned Division Bench dated 16-08-2012 passed in the said 11(eleven) writ appeals which are confined only to the writ petitioners of the said 9(nine) writ petitions who are vigilant of their right and promptly approached this Court.
Accordingly, the relief sought for in the present writ petitions cannot be granted to the writ petitioners who are fence sitters 50 and woke up after a considerable delay for taking the hard earned benefits of others who are prompt and vigilance of their rights. Hence, all the writ petitions are dismissed.
JUDGE S.Rynjah