Meghalaya High Court
Smti. Beauty Syiemlieh And Ors vs The State Of Meghalaya And Ors on 21 July, 2015
Author: T Nandakumar Singh
Bench: T Nandakumar Singh
THE HIGH COURT OF MEGHALAYA
WP (C)No.298/2014
1. Smti. Beauty Syiemlieh
D/o -(L) N.L. Shangpliang
R.O-P.O-Mawsynram
Khasi Hills District
Meghalaya
Pin Code- 793113.
2. Smti. Pinky Hajong
D/o - Shri Rathindra Hajong
R/o- Tura, Hawakhana
West Garo Hills District,
Meghalaya
Pin-794001.
3. Smti. Sunjin Shangpliang
D/o-(L) Drem Synrem
R/o- Lummawshken- Nongsteng
Sohra, East Khasi Hills District,
Meghalaya, Pin-793111.
4. Smti. Obeylinda Iangrai
D/o-(L) Charles Lyngdoh
R/o- Maraikaphon,
East Khasi Hills District,
Sohra, Meghalaya,
Pin-793111.
5. Smti. Pdianghun Ranee
D/o- Shri. Amor Singh Dkhar
R/o-Malki Kharmalki,
East Khasi Hills District,
Meghalaya.
6. Smti. Ridaki Rymbai
D/o- Synshar Rymbai
R/o-C/o Longman Rymbai
Panaldar Jowai,
West Jaintia Hills District,
Meghalaya, Pin-793150.
7. Smti. Alferia Swer
D/o- Driah Lyngdoh
R/o- Khliehshnong, Sohra,
East Khasi Hills District,
Meghalaya, Pin-793111.
8. Smti. Eusibia Marbaniang
D/o- Wester Mamril,
R/o- Smit, East Khasi Hills District
Meghalaya, Pin-793015.
Page 1 of 52
9. Smti. Wanplihun Wanshong
D/o-(L) Trewel Mawrie
R/o- C/o- Flora Wanshong,
Laitkor Rngi (Sohiong 'B')
P.O- Laitkor Peak, P.S Madanrting
East Khasi Hills District, Meghalaya.
10. Smti. M. Daily Happiness Lyngdoh
D/o- P. Morning Star
R/o- Ladweitang,
West Khasi Hills District,
Meghalaya, Pin-793119.
11. Smti. Zienovia Dora Sutnga
D/o- Marle Passah
R/o- Chutwakhu, Jowai,
Jaintia Hills District, Meghalaya,
Pin-793150.
12. Smti. Phyrnai Nadon
D/o- Donbok Marbaniang
R/o- Mawlai Kynton Massar,
Block-C, East Khasi Hills District
Shillong-793022.
13. Smti. Balariakor Lyngdoh
D/o- Tirot S. Syiemlieh
R/o- Maraikaphon, Sohra,
P.O- Khliehshnong, Cherra Bazaar
East Khasi Hills District,
Pin-793111.
14.Smti. Riphilin Mukhim
D/o- (L) Iad Lawai
R/o- Pinwait via Smit
East Khasi Hills District,
Meghalaya, Pin-793015.
15.Smti. L. Oplencyful Nongsiej
D/o-L. Snaitang
R/o- Upper New Nongstoin
West Khasi Hills District,
Meghalaya, Pin-793119.
16. Smti. Genial Malang
D/o- Peaceful Pdang
R/o- Sutnga Poh-Wailang
East Jaintia Hills District,
Meghalaya, Pin-793200.
17. Smti. Susanna Kharkongor
D/o-D. Nongkynrih
R/o- Laitkor Rngi Ladsahep
East Khasi Hills District,
Meghalaya, Pin-793010.
Page 2 of 52
18. Smti. Ridakmen Mary Kharbihkhiew
D/o- Midrasibon Kharbihkhiew
R/o- Rapleng(vill),
P.O-Thangsning
Meghalaya, Pin-793015.
19. Smti. Omega Wanshong
D/o- (L) Leo Sohtun
R/o- Laitkor Rngi,
P.O- Madanrting,
East Khasi Hills District,
Shillong-793010.
20. Smti. Sweet Angel Nongsiej
D/o- L. Snaitang
R/o- Upper New Nongstoin
West Khasi Hills District,
Meghalaya, Pin-793119.
21. Smti. Rishaidalin Ramshon
D/o- True Makri
R/o- Mawkyrdep village
P.O- Kyrdem, Ri-Bhoi District
Pin-793103.
22. Smti. Tracy Mary Mylliem Umlong
D/o- M. John Majaw
R/o-C/o- Mrs. Margreth M. Umlong
3rd Mile (Umlyngka)
East Khasi Hills District,
Meghalaya, Pin-793005.
23. Smti. Santi Dora Majaw
D/o- (L) A. Chettri
R/o- Lower Nongrim Hills,
Garoline Road, Opp. To MES
East Khasi Hills District,
Meghalaya, Pin- 793003.
24. Smti. Andriana Marboh
D/o- Phirding Warjri
R/o- Nongmynsong,
East Khasi Hills District,
Meghalaya, Pin-793011.
25. Smti. Dapbianglin Mawsor
D/o- (L) B. Puwein
R/o- Langshonthiang village,
P.O-Shallang.
26. Smti. Ialinda I. Nongbet
D/o- (L) Kotonsing Kharkongor
R/o- Mylliem Nongbet
P.O- Nonglyer,
Meghalaya, Shillong-793009.
Page 3 of 52
27. Smti.Impharlin Khongsam
D/o- Shri. Ksan Khongdup
R/o- Wahlyngkhat (Vill),
P.O- Pynursla,
East Khasi Hills District,
Meghalaya, Pin-793110.
28. Smti. Banroilang Nongrum
D/o- Shri. Blur Riahton
R/o- Laitryngew (Vill)
P.O- Sohra,
East Khasi Hills District,
Meghalaya, Pin-793111.
29. Smti. Ibarista Lyngdoh
D/o- Lambor Sohtun
R/o- Mawjrong, Cherra Road,
P.O- Mawkdok, Meghalaya,
Pin-793111.
30. Smti. Sngewbha Nongrum
D/o- Shri. W. Suting
R/o- Amtapoh Village
P.O- Amlarem
West Jaintia Hills District,
Meghalaya, Pin-793150.
31. Smti. Plindaris Lyngdoh
D/o- B. Lyngkhoi
R/o- Liarbang (vill)
P.O- Mawbri,
Ri-Bhoi District, Pin-793103.
32. Smti. Nistilsidora Kharbani
D/o-(L) Govindeo Hashah
R/o- Mawkwam,
P.O- Nongstoin
West Khasi Hills District,
Meghalaya, Pin-793119.
33. Smti. Larihun Swer
D/o- Markus Kurbah
R/o- Mawkdok Village,
P.O- Mawkdok
East Khasi Hills District,
Meghalaya, Pin-793111.
34. Smti Felisha Maiong
C/o- Alfred Mallai
R/o- Umden Nongtluh, Nongpoh,
Ri-Bhoi District, Pin-793102.
35. Smti. Laaihun War
C/o- Plik Lawai,
R/o- Mawryngkneng, Mawmang,
East Khasi Hills District, Pin-793021.
Page 4 of 52
36. Smti. Khamti K. Rymmai
D/o- Shri. Shiningstar Dkhar
R/o- Jaiaw Langsning, Shillong,
East Khasi Hills District,
Meghalaya, Pin-793002.
37. Smti. Democracy Snaitang
D/o- Shri. Priningstar Thongni
R/o- Nongkenbah,
P.O- Mawkyrwat
South West Khasi Hills District
Meghalaya, Pin-793114.
38. Smti. Marvellous Lyngdoh Mawphlang
D/o- (L) T. Majaw
R/o- Mawkisyiem Lower
Cherrapunjee,
East Khasi Hills District,
Meghalaya, Pin-793108.
39. Smti. Palinda Wansai
C/o-(L) L. Lyngdoh Mawphlang
Mawsahew village,
East Khasi Hills District,
Meghalaya, Pin-793108.
40. Smti. Rishmon Mawroh
D/o- (L) Timothi Khonglam
R/o- Nongjri,
P.O & P.S- Pynursla
East Khasi Hills District,
Meghalaya, Pin-793110.
41. Smti. Debiboon Tongper
D/o- (L) Phyrnai Lanong
R/o- Sohkha Shnong
P.O & P.S- Dawki
West Jaintia Hills District,
Meghahalaya, Pin-793109.
42. Smti. Melis Majaw
D/o- Jop Mawpat
R/o- Mawkliaw, P.O- Pynursla,
East Khasi Hills District,
Pin-793110.
43. Smti Pdiangti Lyngstieh
D/o- (L) Wistar Kharnaior
R/o- Mylliem Madom Ingsyiem,
P.O- Nonglyer, P.S- Laban
East Khasi Hills District,
Meghalaya, Pin-793009.
44. Smti. Daiahunlang Wanniang
D/o- Elvis Lyngdoh,
R/o- Sunny Hills, Garikhana,
East Khasi Hills District, Meghalaya, Pin-793002.
Page 5 of 52
45. Smti. Dengdorlang Kharbangar
D/o- (L) Wanbor Sohlang
R/o- Mylliem Madon ingsyeim
P.O- Nonglyer, P.S-Laban,
East Khasi Hills District,
Meghalaya, Pin-793009.
46. Smti. Dariakor M. Papang
D/o- Shri. S.K.M. Mihsill
R/o-Sharinglum Laitkor,
Nongdaneng,P.O- Madanrting,
Meghalaya, Pin-793010.
47. Smti. Heimon Suting
D/o- H. Pyrngap
R/o-Behind L.P. School Wailong,
Sutnga, East Jaintia Hills District,
Meghalaya, Pin-793200.
48. Smti. Airihok War
D/o- Shri. Hastosingh Dkhar
R/o-C/o- Julia Mary Dkhar
Pohkseh West-III
P.O- Rynjah,
Meghalaya, Shillong-793006.
49. Smti. Ridatiplang Lyngdoh
D/o-Mr. Leadingstar Mukhim
R/o-C/o-Meralinda Lyngdoh
Umroi alongroh, Ri-Bhoi District,
P.O- Umroi, Pin-793103.
50. Smti. Readycal Bareh
D/o-Mr. T. Nongtdu
R/o-C/o- Miss Nishial Bareh,
Sutnga pohwailong,
Meghalalaya, Pin-793200.
51. Smti. Maitlynti Lyngdoh Mawnai
D/o-Mr. Sbun Nongrum
R/o- Mawshut village,
P.O- Mairang, West Khasi Hills District, Meghalaya, Pin-793120.
52. Smti. Mitish Suchen
D/o-(L) D. Phalyngki
R/o-Ladrymbai-Khliehdupon,
Jaintia Hills District,
P.O- Ladrymbai,
Meghalaya, Pin-793160
53. Smti. Ibanrilin Manar
D/o- Shri, Dentar Francis Shabong
R/o-C/o- Smti. Erti Diengdoh
Wahingdoh, Block-'V'-A
P.O-G.P.O Police Bazar
P.S- Lumdiengjri
East Khasi Hills District, Meghalaya, Pin-793001.
Page 6 of 52
54. Smti Airihun Khongdup
D/o- (L) Olip Khongtin
R/o-Tongmong Village
P.O- Wahsherkhmut
East Khasi Hills District,
Meghalaya, Pin-793110.
55. Smti. Ibapynhun Lyngdoh
D/o-Lowell Swer
R/o- Mawkdok via- Shella Road
East Khasi Hills District,
Meghalaya, Pin-793111.
56. Smti. Dashisha Marwein
D/o-S.M. Diengdoh
R/o- Upper New Nongstoin
West Khasi Hills District,
Meghalaya, Pin-793119.
57. Smti. Mebalarisha Marbaniang
D/o- Khlainboh Khonglam
R/o- Pynursla, East Khasi Hills District,
Meghalaya, Pin-793110.
58. Smti. Sucy Mary Lyngdoh Mawphlang
D/o-Rangkorbar Shabong
R/o-Lower Lumparing, Laban,
P.O- Laban, East Khasi Hills District,
Meghalaya, Pin-793004.
59. Smti. Banrimaphilin Thabah
D/o-(L) B. Pomtiah
R/o- 3rd Mile Upper Shillong,
East Khasi Hills District,
P.O- Kynton Nongkseh
Meghalaya, Pin-793120.
60. Smti. Caremerryful Marbaniang
D/o-Shri. Disspick L. Lyngkhoi
R/o-Mairang Mission, P.O- Mairang,
West Khasi Hills District,
Meghalaya, Pin-793120.
61. Smti. Kloidaris Lyngdoh Marshillong
D/o- Shri Melkhios Myrthong
R/o-Laitksheh BPO Laitkseh,
P.O- Nongstoin,
West khasi Hills District
Meghalaya, Pin-793119.
62. Smti. Pherlinda Nengnong
D/o- Barwin Khonglam
R/o-Urksew Wahpathaw
P.O & P.S - Pynursla
East Khasi Hills District,
Meghalaya, Pin-793110.
Page 7 of 52
63. Smti. Yooshwa Marngar
D/o- Emanual Lyngdoh
R/o-Via- Umsning, P.O -Umsning
Ri-Bhoi District, Meghalaya,
Pin-793105.
64. Smti. Bandarilin Wanjee
D/o-Shri. Pyniar Synlcon
R/o-Mawpunkyrtiang,
Satisohpen Cherrapunjee,
P.O- Cherrapunjee,
East Khasi Hills District,
Meghalaya, Pin-793108.
65. Smti. Bithel Ziza Shati
D/o- Rishot Syiemlieh
R/o- Nongthymmai Tyrna
B.P.O- Tyrna
Via- Cherrapunjee
East Khasi Hills District,
Meghalaya, Pin-793108.
66. Smti. Silinda Khongstid
D/o-(L) Wilshon Khongdup
R/o-Mawshun Village
P.O & P.S- Pynursla
East Khasi Hills District,
Meghalaya, Pin-793110.
67. Smti. Valentina Phaimon Lakashiang
C/o-(L) Ramsing Lakuna
Muktapur village
P.O & P.S- Dawki
West Jaintia Hills District,
Meghalaya, Pin- 793109.
68. Smti. Peace in Mind Warjri
D/o-Dining Kharmawphlang
R/o- Laitkor, P.S. Madanrting
Mylliem Mawpynthih,
East Khasi Hills District,
Meghalaya, Pin-793010.
69. Smti. Ibaphyrnailang Kshiar
D/o-Boksing Khriam
R/o- Nongthymmai, Mawsmai,
Cherrapunjee, P.O- Mawblay,
East Khasi Hills District,
Meghalaya, Pin-793108.
70. Smti. Dalawanhun Ryntathiang
D/o-Davidsingh Basaiawmoit
R/o- Mairang Lumsohkhlur
West Khasi Hills District
Meghalaya, Pin-793120.
Page 8 of 52
71. Smti. Aferalin Mary Kharkongor
D/o-(L) L. Drien Kharnaior
R/o-Nongthymmai Dum Dum
P.S- Nongthmmai,
Meghalaya, Pin- 793014.
72. Smti. Dashisha Ranee
D/o-D. Nongoum
R/o- Laitmawsiang, BPO,
Laitajngew (Sohra)
East Khasi Hills District,
Meghalaya, Pin-793111.
73. Smti. Rishaniaka Sungoh
D/o- Ronas Rabon
R/o- Sahsniang
West Jaintia Hills District
P.S- Raliang, Meghalaya,
Pin-793150.
74. Smti. Taiwanki Lathong
D/o- Primrose Sten
R/o- Mawkaiaw
B.P.O. - Mawkaiaw
P.S. - Raliang
Meghalaya, Pin-793150.
75. Smti. Kindaiamanbha Lyndem
D/o- Jwet Singh Nongrum
R/o- Sohrarim,
P.O- Ladmawphlang
East Khasi Hills District,
Meghalaya, Pin-793111.
76. Smti. Diana Thongni
D/o-(L) T. Wahlang
R/o- Lougpa Lougrin Syiemship
P.O- Phlongdiloin, P.S. - Mawkyrwat
South West Khasi Hills District,
Meghalaya, Pin-793114.
77. Smti. Doley Mary Jyrwa
D/o-(Lt) Nicholas Hynniewta
R/o- Riatsamthiah, Block-VI
East Khasi Hills District,
Meghalaya, Pin-793001.
78. Smti. Monica Kharkamni
D/o- Westlington Lyngdoh Nongpiur
R/o- Mawlai Motsyiar Block-B-II
East Khasi Hills District,
Meghalaya, Pin-793017.
79. Smti. Tidora Malngiang
D/o- (L) Dington Kharbani
R/o- Sohiong Len Mawtap 'A'
East Khasi Hills District, Meghalaya, Pin-793121.
Page 9 of 52
80. Smti. Pynroilin Nongkynrih
D/o-Khrawbor Swer
R/o- Ohio's Footwear,
Opp. Seng Khasi Main Road,
Mawkhar, East Khasi Hills District,
Meghalaya, Shillong Pin-793002.
81. Smti. Tiolin Rapsang
D/o-M. Rapsang
R/o-Dombah Mysiaw,
West Khasi Hills District,
Meghalaya, Pin-793120.
82. Smti. Ibatemon Kharakor
D/o- Mr. C.B. Iawphniaw
R/o-Mawlai Syllai Kariah
Ummawlain, Pin-793017
East Khasi Hills District,
Meghalaya.
83. Smti. Smartiful Synteng Umwi
D/o- Plesslyng June Kharjana
R/o-Pohkseh Central, Nongthymmai,
East Khasi Hills District,
Meghalaya, Pin-793014.
84. Smti. Aquilyne Lyngdoh Nongbri
D/o- P. Jyrwa
R/o- C/o- Icy Nongnong, Mawlai
Umjaiur, Block-I,
East Khasi Hills District,
Meghalaya, Pin-793008.
85. Smti. Rishaidalin Ramshon
D/o- Shri. True Makri
R/o- C/o- Rima Ramshon,
Mawkyrdep, P.O- Kyrdem
Ri Bhoi District,
Meghalaya, Pin-793103.
86. Smti. Hidamanjop Gympad
D/o-C/o Shri Handrowell Papeng
Address:- Mynthong Jowai,
West Jaintia Hills, Meghalaya,
Pin-793150
P.S.- Jowai P.O-Jowai.
87. Smti. Tishalin Warjri
D/o Shri. Hormi Khyllait
(vill) Nongktieh (Manai)
P.O. Mairang, Pin:793120
West Khasi Hills, Meghalaya.
88. Smti. Ileancy Lyngdoh
D/o Shri. Phrangjop Warjri
Add: Mawpat,
Nongkynjoin Circle II
Page 10 of 52
P.O: Mawpat, P.S Nongmynsong
Pin:793012.
89. Smti. Sumarlin Makhroh
D/o Des Roy Lyngdoh.
Myrkhan- Nongpiur
Upper Shillong
P.O Nonglyer 793009.
90. Smti. Lalynta Nongkhlaw
D/o (L) Dostar Tariang
Mylliem- Mawsad (Vill)
P/o Nonglyer, Upper Shillong
Pin Code - 793009, East Khasi Hills District,
Meghalaya.
91. Smti. Phidalin Pahsyntiew
D/o- Olistar Nongneng
5th Mile (Parmaw)
Upper Shillong- 793009
P.O - Nonglyer.
92. Smti. Biolency Sohtun
D/o Smallsing Marbaniang
Pomlakrai, Pdengshong
P/o- Laitkor peak, Police Station,
Madanrting
Pin No. 793010.
93. Smti. Airihun Pahsyntiew
D/o Khrawbok Sawian
Sohra East Khasi Hills District,
Pin-793111
P/o- Cherra Bazar
P.S- Lower Chera.
94. Smti. Elbarisha Marbaniang
D/o- Bhomsing Mawblei
R/o-C/o Khrillina Mawblei
Mawshut village, P.O- Mairang
S.D.O Civil Mairang
West Khasi Hills District,
Meghalaya, Pin-793120.
95. Smti. Geonita Kharbihkhiew
D/o- Sebostion Nongrum
R/o- Lohbha Sylliong
Mowkyrdep Village,
Raid Madan Kyrdem Via- Barapani, P.S- Khapwara
P.O- Kyrdem, Ribhoi District
Meghalaya, Pin-793103.
96. Smti. Dapbiang Myllien Sabang
D/o Sorin Kharkongor
Mawshbiut, Nongshilliang via Happy Valley
Shillong- 793007, East Khasi Hills District,
P.O & P.S - Madanrting.
Page 11 of 52
97. Smti. Urila Khongsit
D/o Larsarus Rani
Mawroh(vill)
P/o- Mawkdok
East Khasi Hills District - 793111.
98. Smti. Gentleness Kharnonglong
C/o Shri Elishion Kharbani
New Nongstoin, P.O. Nongstoin
West Khasi Hills District,
Pin Code-793119.
99. Smti. Aibianglin Lyngkhoi
C/o Dasisisilin Lyngkhoi
Village- Pyndengrei Thadwang
P.O- Nongstoin
West Khasi Hills District,
Meghalaya -793119.
100. Smti. Ainoris Dkhar
D/o (L) Netrik Khongwir
Mother's name- Priska Dkhar
Vill- Phlangshlain, Pynursla
P.O- Pynursla -793110
P.S - Pynursla
East Khasi Hills District,
Meghalaya.
101. Smti. Janitha K. Sangma
D/o- Beckonson R. Marak
Vill/P.O Shyamnagar
District West Garo Hills
Pin - 794101.
102. Smti Lydia A. Marak
D/o-Gathison R. Marak
R/o-Dadengiri
West Garo Hills District,
Meghalaya.
103. Joppyana R. Marak
D/o-Phininsong G. Momin
R/o-Dawagittingre
East Garo Hills District,
P.O & P.S- Williamnagar,
Meghalaya.
104. Smti. Florina A. Marak
D/o-Mingsan M. Marak
R/o- Dadenggre
West Garo Hills District,
Meghalaya.
105. Smti. Sengmitchi K. Sangma
D/o Paidison B. Marak
Village:- Berubari,
P.O. Bayingdolai
Page 12 of 52
Dist:- North Garo Hills, Meghalaya
P.S. Bajengdolia.
106. Smti. Dome M. Sangma
D/o (L) Cornesh D. Marak
Mother -(L) Frencish M. Sangma
Vill- Foristils Tura
West Garo Hills, Meghalaya
Pin code - 794001
P.o/P.S - Chandmari.
107. Smti. Pratibha S. Marak
D/o Sujit cl Sangma
Mother - Usha Rami S. Favar
Village- Zikzak
P.o-Zikzak
P.s- Mahendragaj
Pin- 794115.
108. Smti. Lashina S. Sangma
D/o Shri. Susen D. Shira
Mother- Smti. Herolish S. Sangma
Vill- Kusimhotgre-B, William
Nagar, East Garo Hills, Meghalaya.
Pin code- 794111
P.O/P.S- Willliam Nagar.
109. Smti. Anupoma Hajong
D/O (L). Rigendra Hajong
Village- Phuljuri
P.O Likyak
Dist- South Garo Hills, Meghalaya
Pin code- 794115
P/S- Mahendraranj.
110. Smti Patrimony D. Sangma
D/o- Shri Keminath G. Momin
Mother- Smt. (L) Phillamony D. Sangma
Village- Rongjeng R.C Road
East Garo Hills Meghlaya
Pin Code- 794110
P.o/P.s - Rongjeng.
111. Smti. Parbitha M. Marak
D/o Greningson R. Marak
Vill- Modinagar Tura
West Garo Hills, Meghalaya
P.o Araimile.
Pin. No.794101.
112. Smti Grejaline Ch. Marak
D/o Pronith N. Sangma
Mother- Nihilash G. Momin
Vill- Rongeng Regenve
P.o- Rongjeng
P.s- Rongjeng
Pin code- 794110.
Page 13 of 52
113. Smti Menitha G. Momin
D/o(L) Letmilson N. Sangma
Mother- Nihilash G. Momin
Vill- Rongjeng
P.S- rongjeng
Pin Code -794110.
114. Smti. Christina M. Sangma
D/o- (L) Estelaon Marak
R/o- Nogapara, P.O- Garobadha
South West Garo Hills District,
Meghalaya.
115. Smti. Brycilin M. Sangma
D/o- (L) Takdirsing N. Sangma
Mother- Morgina M. Sangma
Ad- Sunny Hills, New Tura
P.O- Araimile
P.S- Araimile.
116. Smti. Walshi R. Marak
D/o British D. Sangma
Tura Araimile New Tura
Garo Hills.
Pin- 794101
P.o- New Tura
P.S- Tura.
117. Smti. Dipika Hajong
D/o Anendra Hajong
Tura, Near New Circuit House
Garo Hills.
Pin- 794001
P.O- Araimile
P.S- Araimile.
118. Smti. Chameli R. Marak
D/o- Lechu Ch. Sangma
R/o- Khameria, P.O- Hollaidanga
West Garo Hills District,
Meghalaya.
119. Smti. Sanchita G. Momin
D/o Samitson K. Sangma
Aresu Medical Colony
North Garo Hills
Pin- 794108
P.o- Resubelpara
P.S. Mendipathar.
120. Smti. Nikme T. Sangma
D/o Semingthon R. Marak
Teteng Aja Tura,
West Garo Hills,
Pin - 794001
P.o - Tura
P.S. Tura.
Page 14 of 52
121. Smti. Satharin R. Marak
D/o Arther N Sangma
M/N Crosbin R Marak
Vill- Doba- Apal
P.O. Thapa.
P/S. Mendipathin
North Garo Hills, Meghalaya
Pin- 794002.
122. Smti. Baritha A. Sangma
D/o - Ramesh Ch. Roy
R/o- Gonga Damal
P.O- Araimile Tura,
West Garo Hills District,
Meghalaya, Pin- 794001.
123. Smti. Sunita Hajong
D/O Subodh Hajong
M/N Sarali
Vill- Sibbari, South Garo Hills
Ps- Baghmara
Pin- 794108.
124. Smti Empoline R. Marak
D/O Pirendro R. Marak
M/N Bidoni R. Marak
Vill- Resu, Bakrapara
P.O Resu- Belpara
P.S- Mendipathar.
Dist - North Garo Hills
Pin- 794108.
125. Smti. Monika Rabha
D/o Tara Mohan Rabha
M/N Jangani Rabha
Vill- Resu Bel Para
P/ Mendipathar
Pin-794108.
126. Smti. Bandana Hajong
D/O Late Profulla Hajong
Vill - Marpara
P.O- Betasing
Pin No. 94200.
127. Smti. Tengre R. Sangma
D/O John Memar A. Sangma
Vill- Modinagar Tura
West Garo Hills, Meghalaya
P.O Bajengdoba
Pin No-94200.
128. Smti. Junickha M. Marak
D/O Greningson R. Marak
Vill- Modinagar Tura
West Garo Hills, Meghalaya
P.O Araimile, Pin No- 794101.
Page 15 of 52
129. Smti. Shridevi Hajong
D/O (L) Mritunjoy Hajong
R/o Zikzak
P.O Zikzak
Dist- South West Garo Hills,
Meghalaya
Pin no- 794115
P.S. Mahendraganj.
130. Smti. Jenifer R. Marak
C/o Bretington Ch. Marak
Naidumnil R. Marak
Mawlai Mawlyngdop
Pin- 793008.
131. Smti. Deepty T. Sangma
D/O Nogen Baishya
Vill- Songsak
P.O- Songsak Agitokgre
Dist- East Garo Hills Meghalaya
Pin No- 794111.
132. Smti. Sonia N. Marak
D/o- Ripbason N. Sangma
M/N Hereni N. Marak
Vill- Chokpotgre
P.O & P.S - Chokpot
Meghalaya,
Pin 794005.
133. Smti. Bency Ch. Marak
D/o Lodison A. Sangma
M/N Rephoney Ch. Marak,
Vill Penney Valley Araimile
P/o New Tura, Pin 794101
P.S Tura.
134. Smti. Robina D. Sangma
D/o Pitinton G. Momin
Vill. Matchakolgre
P.o New Tura
Pin 794101
P.s Tura
Dist. West Garo Hills.
135. Smti. Sonatchi T. Sangma
D/o- Ram Ch. Marak
R/o- Megongre, P.O- Rongkhong
West Garo Hills District,
Meghalaya.
136. Smti Walme Ch. Sangma
D/o- Kevilson G. Momin
M/N- Welfilda Ch. Sangma
Vill- A-B. Mission Compound
P.O- Chandmari
P.S- Tura, Pin- 794002.
Page 16 of 52
137. Smti. Denchira R. Sangma
D/o Shri Jejarson Ch. Momin
Vill New Tura Sunny Hills
P.O Araimile
West Garo Hills District,
Meghalaya.
138. Smti. Tangsilchi Ch. Marak
D/O Micheal S. Sangma
Vill Dobasipara
P.o Dobasipara
West Garo Hills Meghalaya
Pin No- 794005.
139. Smti. Alva Mary Ch. Marak
D/o Banencho R. Marak
Cheiangre Tura
P.O Chandmary
West Garo Hills District,
Pin- 794002.
140. Smti. Renika N. Marak
D/o Somnath Ch. Sangma
Vill- Monabari
P.O- Monabari
Dist- South West Garo Hills,
Pin-794105.
141. Smti. Siljak D. Sangma
M/N- Rosemary W. Sangma
Vill- Chalechaleia
P.O- Pajabala
West Garo Hills Meghalaya
Pin- 7940104.
142. Smti. Sibani Hajong
D/O (L) Lal Bahadur Hajong
M/N. Bimala Hajong
Vill- New Bhaitbari
P.O- New Bhaitbari
West Garo Hills, Meghalaya
Pin- 794104
P.S. Phulbari.
143. Smit. Terbina M. Marak
D/O- Chekang N. Marak
M/n- Puleka M. Marak
Vill. Pugyapara I
P.o- Zikzak
Pin- 794115
P/S Mahendraganj.
144. Smti. Penitha R. Marak
D/O Charlesh D. Arengh
Tura Aleongre near D.C Park
Pin- 794001.
Page 17 of 52
145. Smti. Relly R. Marak
D/o- Lt. Sanjeng A. Sangma
R/o- Gongglanggre,
P.O- Garobodha,
South West Garo Hills District,
Meghalaya, Pin-794105.
146. Smti. Dentilla N. Marak
D/o- (L) Bipin Ch Momin
R/o- Babupara, P.o- Mendipathar
North Garo Hills District,
Meghalaya, Pin- 794112.
147. Smti. Tracy Marry T. Sangma
D/o- Presildha T. Sangma
R/o- South Tura
P.O- Tura
West Garo Hills District,
Meghalaya, Pin- 794001.
148. Smti. Milka M. Sangma
D/o Mr. J.R. Marak
R/o Tura, Araimile, PO Tura
West Garo Hills District,
Meghalaya Pin-794101.
149. Smti. Sikha M.Marak
D/o- (L) Suroleth Ch. Sangma
R/o- Rongatang, P.O- Garobadha
South West Garo Hills District,
Meghalaya.
150. Smti. Chingme N. Marak
D/o- Shri. Nimosh D Sangma
R/o- Damagittinggre,
East Garo Hills District,
Williamnagar,
Meghalaya, Pin- 794111.
151.Smti. Suborna Hajong
D/o- Sodanando Hajong
R/o- Reserve Gitten, Tura,
P.O- Araimile,
West Garo Hills District,
Meghalaya, Pin-794101.
152. Smti. Kabitha G. Momin
D/o- Lt. Livingstone N. Sangma
R/o- Rongjeng Gongdop
P.O- Rongjeng
East Garo Hills District,
Meghalaya, Pin-749110.
153. Smti. Marsela Ch. Sangma
D/o- Subendro Ch. Marak
R/o- Lower Mudwpara
P.O- Garobadha.
Page 18 of 52
West Garo Hills
Meghalaya, Pin-794105.
154. Smti. Shelbina M. Sangma
D/o Ningwan R. Marak
Tura Araimile
P.O New Tura
Pin - 794101.
155.Smti. Priyanka Hajong
D/o Chevan Singh Hajong
M/n- Malabati Hajong
Vill - Rangthapara
West Garo Hills District, Meghalaya,
Pin-794105
P/s - Tura.
156. Smti. Chayano G. Momin
Lt. Flowin Ch. Marak
Dakepgre (Diringga)
P.o Dakepgre
Pin - 794101.
157. Smti. Rikchinome B. Marak
D/o - Joshua A. Sangma
R/o - Pinny Valley
P.O- Araimile, Tura
West Garo Hills District,
Meghalaya, Pin-794001.
158. Smti. Parditha M. Marak
D/o Shri. Amarsing N. Sangma
R/o Dalu Dapgre
P/o Barengapara
West Garo Hills Meghalaya,
Pin-794103.
159. Smti. Rikmera M. Marak
D/o- (L) Rojen R. Marak
R/o- Gonamara
P.O- Garobadha
West Garo Hills District,
Meghalaya.
160. Smti. Efcyra M. Marak
D/o Gardin Ch. Marak
Vill - Garobadha
P.o Garobadha
District West Garo Hills Meghalaya,
Pin No- 794105.
161. Smti. Fecildha B. Marak
D/o Karamchand A. Sangma
Vill - Rangkhar
P.O - Chandmari
District West Garo Hills Meghalaya,
Pin No-794002.
Page 19 of 52
162. Smti. Kanchilla N. Sangma
D/O Lt. Nebilyn Ch Mrak
M/N - Osini N. Sangma
Vill - Silsella, Galwangre
Pin - 794105
P/o - Salsell
P/S - Tura.
163. Smti. Dilchi Ch. Marak
D/O - Jengman S. Sangma
Vill - Salsella Senggimare
P.O - Salsella
District- West Garo Hills,
Meghalaya,
Pin No. -794105.
164. Smti. Dipali K. Marak
D/o Dijia Ch. Karitha
M/N - Purnima K. Marak
Village - Penny Valley
Pin code - 794001
P.O - Tura
P.S- Tura.
165. Smti. Mary Rikchime A. Sangma
D/O- Jagendro N. Marak
Vill - Chasingre
P.O - Rangkhon
District - West Garo Hills
Pin - 794002.
166. Smti. Jirancy G. Momin
D.O - Samith K. Sangma
Vill - Risu Medical Colony
P.O - Resubelpara
Pin code - 794108.
167. Smti. Gresilla M .sangma.
D/o - Prokash Marak
R/o - Matchikol Tura
West Garo Hills District,
Meghalaya.
168. Smti. Doritha R. Marak
D/o- Plies D. Sangma
R/o- Chitukhona
P.O- Damas
North Garo Hills District,
Meghalaya, Pin-783122
169. Smti. Rongmila M. Marak
D/o - Joren D. Sangma
M/N - Pronitha M. Marak
Vill - Chokehokia
P/O - Rajabala
District - West Garo Hills,
Meghalaya, Pin - 794104
Page 20 of 52
170. Smti. Betsey Beora M. Sangma
D/o - Panlash D. Sangma
R/o - Tikrikilla,
West Garo Hills District,
Meghalaya.
171. Smti. Sumati D. Sangma
D/O - Narendra Ch. Marak
M/N - Lt. Holia D. Sangma
Pin - 794115
P.O - Zikzak
Vill - Pagilapara II
P/S - Mahendraganj.
172. Smti. Trishna Rabha
D/O - Nipendra Raqua
Vill - Jongla para
P/O - Resubelpara
District - North Garo Hills
Pin No- 794108.
173. Smti. Ningring M. Sangma
D/o - Bethel R. Marak
R/o- Ghagua Para
P.O- Tikrikilla,
West Garo Hills District,
Meghalaya.
174. Smti. Mary Karbi D. Momin
D/O - Salome D. Momin
Vill - Rongjing sangma
P/O - Rangjeng
P/S - Rongjeng
Pin Code - 794110.
175. Smti. Sengsil G. Momin
D/O - Lt. Hodgson N. Sangma
M/N - Prositha G. Momin,
Vill Tura Jiteng Aja, P/O - Tura
P/O - Tura
Pin - 794001.
176. Smti. Parveen G. Momin
D/O - Kandul A. Marak
Vill - Ramjonggri
P/O - Rajabala
District - West Garo Hills,
Meghalaya,
Pin code - 794104.
177. Smti. Sanjukta S. Sangma
D/O - Rangalal Daimary
Ghanapara
West Garo Hills, Meghalaya.
178. Smti. Dimre D. Shira
D/O Shri. Troyland N. Sangma
Page 21 of 52
Forestilla Tura
P/O - Tura
West Garo Hills, Meghalaya,
Pin Code - 794001.
179. Smti. Tangkami B. Sangma
D/O - Binstar R. Marak
Vill - Ampati
P/O - Ampati
District - South West Garo Hills,
Meghalaya,
Pin Code - 794115.
180. Smti. Tengmera Ch. Marak
Lower Mission Compound, Tura
P.O-Tura, Chandmari,
West Garo Hills District,
Meghalaya, Pin-794002.
181. Smti. Tharna M. Sangma
D/O - Haward Hustile G. Momin
Vill - Rongjeng Babupara
P/O - Rongjeng
District - East Garo Hills
Pin Code - 794110.
182. Smti. Josmilla M. Sangma
D/O Sabina M. Sangma
Village - Golmira P/O - Monalari
South West Garo Hills Dist.
Pin code - 794105.
183. Smti. Rimchi M. Marak
D/o - Mathias T. Sangma
Vil - Dara agal
P/O - Dobasipara
District - West Garo Hills
Pin Code - 794005.
184. Smti. Tejak C. Momin
D/o - Trisa Tejak G. Momin
Vill - Chijong
P/O - Rongjeng
District - East Garo Hills,
Meghalaya, Pin code - 794110.
185. Smti. Dingsime Ch. Marak.
D/o - Ratjeng Marak
R/o - Garomara Village,
P.O- Garobadha,
South West Garo Hills District,
Meghalaya, Pin-794105.
186. Smti. Isline O. Sangma
D/O - Smt. Sellina O. Sangma
Tura Araimile Tangsimabri
Pin code - 794001.
Page 22 of 52
187. Smti. Rakme R. Marak
D/O - Shri. Sasika B. Sangma
Vill - Bangsi Apal
P/O - Daimadubi
District - North Garo Hills
Meghalaya.
Pin No - 794110
P/S - Mendipathar.
188. Smti. Chitra Ch. Marak
D/o- Babu Charan Roy
R/o- Tura, Araimile,
West Garo Hills District,
Meghalaya, Pin-794001.
189. Smti. Therecina Thrula B. Marak
D/o- Piush T. Sangma
R/o-Sampalgne, Tura,
West Garo Hills District,
Approach Don Bosco Collge,
P.O- Chandmary
Meghalaya, Pin-794002.
190. Smti. Promi R. Marak
D/o- Barnabas R. Marak
R/o-Goramara, P.O- Garobadha,
South West Garo Hills District,
Meghalaya, Pin-794105.
191. Smti. Ginche N. Sangma
D/o-Joseph G. Momin
R/o-Lower Wadanang
P.O-Chandamary,
West Garo Hills District,
Meghalaya, Pin-794002.
192. Smti. Elchidia Ume Ch. Marak
D/o- Marthindro D. Sangma
R/o-Garobadha, P.O-Garobadha
West Garo Hills District,
Meghalaya, Pin-794105.
193. Smti. Bobitha R. Marak
D/o- Anit Ch. Sangma
R/o- Koikuri, P.O-Rajabala
P.S-Phulbari, West Garo Hills District,
Meghalaya, Pin-794104.
194. Smti. Princhi R. Marak
D/o-Predingson Sangma
R/o-Simnaguri, P.O-Malongkona,
West Khasi Hills District,
Meghalaya, Pin-783123.
195. Smti. Shila M. Sangma
D/o-(L) Ramnandan Poswan
Page 23 of 52
R/o- Rangatary, P.O-Garobadha,
South West Garo Hills District,
Meghalaya.
196. Smti. Indira D. Sangma,
D/o-(L) Samson T. Sangma
R/o-Rongkhon, P.O.-Rongkhon,
West Garo Hills District,
Meghalaya, Pin-794002.
197. Smti. Ethaline R. Marak
D/o-(L) Asish Areng
R/o- Rangolpara, P.O-Aradonga
West Khasi Hills District,
Meghalaya, Pin-781129.
198. Smti. Sumi Hajong
D/o- Nandeswar Barman
R/o- Samati Gaon, P.O- Betasing,
P.S-Ampati,
South West Garo Hills District,
Meghalaya, Pin-794115.
199. Smti. Binuty M. Momin
D/o- Nepolion R. Marak
R/o- Chotcholija, P.O-Kharkutta,
North Garo Hills District,
Meghalaya, Pin-794114.
200. Smti. Balmera Ch. Momin
D/o-(L) Brenthing Ch. Marak
R/o- Bainapara, P.O-Betasing,
South West Garo Hills District,
Meghalaya, Pin-794115.
201. Smti. Nosina Ch. Marak
D/o-Shri. Rajkumar D. Momin
R/o- Agipenggre, P.O- Selsella,
P.S-Garobadha,
West Garo Hills District,
Meghalaya, Pin-794105.
202. Smti. Greji N. Marak
D/o- Binsent K. Sangma,
R/o- Melagre, P.O.-Bhajamara,
West Garo Hills District,
Meghalaya, Pin-794104.
203. Smti. Banwansuk Kharbani,
D/o-(L) Rymphang Rangslang,
R/o-Mawphlang, Dongiewrim,
P.O.-Mawphlang,
East Khasi Hills District,
Meghalaya, Pin-793121. ::::: Petitioners
Page 24 of 52
-Vs-
1. The State of Meghalaya represented by the
Commissioner & Secretary, Govt. of Meghalaya,
Health & Family Welfare Department, Meghalaya,
Shillong.
2. Director of Health Services (MI),
Meghalaya, Shillong.
3. The District Medical & Health Officer,
East Khasi Hills District, Shillong.
4. The Medical Superintendent,
Civil Hospital, Shillong,
East Khasi Hills District, Meghalaya. ::::: Respondents
BEFORE THE HON'BLE MR. JUSTICE T NANDAKUMAR SINGH For the petitioners : Mr. N Syngkon, Adv For the respondents : Ms. S Bhattacharjee, GA Date of hearing : 10.06.2015 Date of Judgment : 21.07.2015 JUDGMENT AND ORDER By this writ petition jointly filed by 203 petitioners who had completed 18th months course for female health workers as sponsored candidates/bonded candidates of the Govt. of Meghalaya, the writ petitioners are praying for a direction to appoint them directly to the post of Grade VII of the Meghalaya Nursing Service Rules, 2008 after screening by the departmental committee constituted vide notification dated 11.06.2013 for the post of Grade VII i.e. Auxiliary Nurse Midwife (for short' ANM'), female health workers of the Meghalaya Nursing Service Rules, 2008 without any sort of test i.e. written test and viva voce test and also for quashing the impugned advertisement dated 17.01.2014 (Annexure-1 to the writ petition) inviting applications from the eligible candidates who are bonafide citizens of India possessing the requisite qualification for the post of ANM and also the Page 25 of 52 notification dated 07.03.2014 (Annexure-8 to the writ petition) for constitution of the Departmental Committee for recruitment of staff nurses and ANMs.
2. Heard Mr. N Syngkon, learned counsel for the petitioners and Ms. S Bhattacharjee, learned GA appearing for the respondents.
3. The core questions call for decision in the present writ petition are:-
(i) Whether the writ petitioners who had completed 18 th months course of female health workers as sponsored candidates/bonded candidates of the Govt. of Meghalaya are to be appointed directly to the post of ANMs or Grade VII post of the Meghalaya Nursing Service Rules, 2008 without any test i.e. written test as well as viva voce test by completely neglecting the rights of the other candidates who had completed 18th months course of female health workers and also the residents of the State of Meghalaya?
(ii) Whether the selection committee, in the absence of the mode of procedures for selection of candidates prescribed by Meghalaya Nursing Service Rules, 2008 can prescribe the mode of selection by issuing notification/orders?
(iii) Whether the writ petitioners can claim the relief sought for in the present writ petition on the basis of negative equality/past practice which is in violation of the constitutional scheme for regular appointment?
4. The fact of the case sufficient for answering the core questions above is briefly recapitulated. The Govt. of Meghalaya from time to time published advertisements inviting applications in plain papers for 18th months course for female health workers; and only female unmarried candidates who are the indigenous inhabitants or permanent residents of the State and who Page 26 of 52 had passed SSLC level examination from the recognized Board with 45% aggregate marks in SSLC are eligible to apply. The applicant should not be less than 17 years or above 35 years above as on the date mentioned in the advertisement. The copies of such advertisements published from time to time for the sessions 2006-2007, 2009-2010, 2011-2012 and 2012-2013 are annexed in the writ petition as Annexure-4 Series. As the writ petitioners are heavily relying on the said advertisements in support of their case, it would be more convenient to reproduce one of such advertisements hereunder:-
"ADVERTISEMENT FOR FEMALE HEALTH WORKER (A.N.M.) TRAINING COURSE SESSION 2006 COMMENCING ON MARCH.
Application in plain papers for 18th months course for Female Health Workers are hereby invited and will be received by the office of the undersigned upto 3:00 PM on 3rd February, 2006.
Only female Unmarried Candidates who are indigenous inhabitants or permanent resident of the State and who have passed SSLC level examination from the recognized Board with 45% Aggregate Marks SSLC are eligible to apply.
1. Applicant should not be less than 17 years or above 35 years as on 1st January, 2006.
2. Candidates who will be called for screening will be the first 100 candidates from the Garo List 100 from the Khasi & Jaintia List and 50 from others as per Merit List.
Applicants are required to appear before a Screening Committee in Ganesh Das Hospital in respect of Khasi & Jaintia and for the applicant belong to Garo Hills will be held in Tura Civil Hospital, West Garo Hills. For verification of original copies of certificates and Medical Fitness Examination on the 20th & 21st February, 2006 at 10:00 AM
3. No Notice will be served on any applicants for appearing before the screening Board. All applicants are required to note the date and time fixed. Application received later than 3rd February, 2006 will not be considered under any circumstances.
4. Any applicant who fails to appear as above will also automatically lose her right for further consideration and the name of such applicants will be dropped from the list of candidates.Page 27 of 52
5. Candidates are to submit their applications in plain papers with the following particulars.
√ Name in Block Letter √ Present Address √ Age as on 1.1.2006 √ Name of the Father/Mother/ √ Guardian with permanent Address √ Schedule Tribe Certificates √ Evidence of Age (SSLC)/ √ Equivalent Admit Card √ Mark Sheet of Examination Passed (SSLC) only √ Character certificate √ Aggregate percentage of Marks
6. The list of the Selected Candidates and Waiting List will be published in the Notice Board of Directorate of Health Services (MI), Shillong and Print Media. No individual intimation will be served to an applicant.
7. Selected applicant are required to report to Deputy Director of Nursing Directorate of Health Services (MI), Shillong personally and submit their letter of acceptance and to collect their letter of Nomination and further instruction as the case may be.
8. Any selected applicants who fails to report according to the fixed date will automatically lose her right to nomination and the next eligible candidates from the waiting list be nominated.
9. Further note that Govt. will have no obligation to employ the passed out trainees. They are free to volunteer to undergo training for self-employment in Non-Govt. Institution. However, whenever posts are available their employment will considered following usual procedure.
Sd/-
Director of Health Services (Medl & Inst), Meghalaya, Shillong"
5. The petitioners in response to the said advertisement had applied for the 18th months courses for female health worker and after fulfilling the essential criteria mentioned in the said advertisement, they had been selected for undergoing the course and subsequently, they had Page 28 of 52 completed their training course (ANM) successfully. It is also the case of the petitioners that the petitioners had undergone training at the expenses of the Govt. and signed a bond that they agreed to abide by the rules of hospital and not to leave until completion of the training unless desired to do so by the Principal/Superintendent of the hospital/Civil Surgeon and that not to get married during training period and also that on completion of the training, the petitioners shall serve the State of Meghalaya for three years if asked by the Govt. to do so in any part of the State in such scale of pay allowances as sanctioned by the State Govt. and also that in case the petitioners leave at their own will without completing the course and also after completion of the training the petitioners fails to serve the State, they shall refund to the Govt. the stipends and allowances drawn and other expenses incurred for by the Govt. from the beginning of the course. It appears that the petitioners are lucky enough for undergoing the 18th months course of the female health worker at the expenses of the State Govt. There are others indigenous residents of the State of Meghalaya who had completed 18 th months course of female health worker at their own expenses.
6. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Meghalaya was pleased to make the Rules called "the Meghalaya Nursing Service Rules, 2008" (for short 'MNSR, 2008') notified vide Notification No.Health.362/79/205 dated 28.08.2008. Under Rule 4 of the MNSR, 2008, service shall consist of eight different grades. Rule 7 of the MNSR, 2008 provides for direct recruitment to the post of Grade I, Grade II, Grade III, Grade IV, Grade V and Grade VII. The procedures for preparing the select list by the Departmental Promotion Committee are provided under Rule 11 of the MNSR, 2008. Rule 23 of the MNSR, 2008 clearly provides that all the rules, orders or notification corresponding to and in force immediately before the commencement of Page 29 of 52 these rules are hereby repealed. For easy reference, Rules 1, 2, 4, 7, 8, 11, 12 & 23 of the MNSR, 2008 are quoted hereunder:-
"1. SHORT TITLE AND COMMENCEMENT:- (1) These Rules may be called "the Meghalaya Nursing Service Rules, 2008".
(2) They shall come into force from the date of publication of this Notification in the Official Gazette.
2. DEFINITIONS:- In these Rules, unless there is anything repugnant on the subject or context:-
(a) "Appointing Authority" means
(i) The Governor of Meghalaya in respect of Gazetted posts.
(ii) The Director of Health Services in respect of non-
Gazetted posts.
(b) "Commission" means the Meghalaya Public Service Commission.
(c) "Committee" means the Committee constituted under Rule 11.
(d) "Government" means the Government of the State of Meghalaya.
(e) "Governor" means the Governor of Meghalaya.
(f) "Member of the Service" means a member of the Meghalaya Nursing Service.
(g) "Schedule" means the Schedules appended to these Rules.
(h) "Service" means the Meghalaya Nursing Service constituted under these Rules.
(i) "State" means the State of Meghalaya
(j) "Year" means a Calendar Year.
***** ***** *****
4. COMPOSITION OF THE SERVICE:- (1) The service shall consist of the following grades and posts as shown in Schedule I. (1) Senior Grade - Deputy Director Nursing Page 30 of 52 (2) Grade I - Assistant Director Nursing (3) Grade II - Matron/Principal (4) Grade III - Assistant Matron/Principal Tutor (Nursing/Paediatric Supervisor/Vice Principal. (5) Grade IV - Ward Sister, Sister Nursing, Tutor Public Health Nurse, Health Educator (Nursing) Psychiatric Nurse, ICU/OT Sisters.
(6) Grade V - Staff Nurse
(7) Grade VI - Female Health assistant
(8) Grade VII - Auxiliary Nurse Midwife (ANM),
Female Health Worker.
(2) The categories of posts in Clauses (1), (2), (3), (4), (5), (6), (7) and (8) of Sub-rule (2) shall form an independent cadre. Members of the lower cadre shall have no claim for appointment to the higher cadre except in accordance with the provisions of these rules.
***** ***** *****
***** ***** *****
7. METHOD OF RECRUITMENT:- (1) Appointment to posts in the Senior Grade, Grade I, Grade II, Grade III, Grade IV shall made by promotion from amongst members of the service holding next lower posts in the respective grades and possessing the requisite experience and qualification as specified in the Schedule II and included in the Select list approved under Sub-Rule (5) of Rule 12.
Provided that if no suitable candidates are available for appointment by promotion to those Grades, the posts shall be filled up by direct recruitment through the Meghalaya Public Service Commission.
(2) A Committee shall be constituted for the purpose of recruitment to posts in Grade V and Grade VII. This will however be subject to final approval of the provision by concerned Department/Cabinet.
8. DIRECT RECRUITMENT:- (1) Competitive Examination for direct recruitment under provisos to sub-rule (1) of Rule 7 shall be held at such intervals as the appointing authority may in consultation with the Commission from time to time determine. The date on which and the place at which the examination shall be held shall be fixed by the Commission.
(2) The examination shall be conducted by the Commission accordance with such syllabus as the appointing authority may from time to time make in consultation with the Commission. Page 31 of 52 (3) Of the number of vacancies to be filled up on the res.... examination, there shall be reservation in favour of candidates belonging to Scheduled Tribes and Scheduled Castes in accordance with the reservation policy of the Government and subject to conditions as the Government from time to time prescribe.
(4) On the basis of the result of the competitive examination..... Commission shall prepare a list of all successful candidates in order of merit, which ..... determined in accordance with the aggregate marks obtained by the candidates and if two obtain equal marks, the Commission shall arrange them in order of their relative merit ..... be determined in accordance with the general suitability of the candidates for appointment.... post. The number of persons to be included in the list shall be according to the actual.... that are likely to occur during the recruitment year plus 10 percent of the actual vacancy.... (two) names whichever is more.
(5) The inclusion of a candidate's name in the list confer.... appointment unless the Government is satisfied after making such enquiries as may be.... that the candidate is suitable in all respects for appointment to the post and that appointment.... post in the service is subject to availability of vacancy.
11. DEPARTMENTAL PROMOTION COMMITTEE:- (1) (i) For the purpose of appointment by promotion under sub-rule (1) of Rule 7 in respect of post in the Senior Grade, Grade I, Grade II, there shall be a Departmental Promotion Committee consisting of the following members, namely:
I. Chief Secretary - Chairman
II. Principal Secretary - Member
to the Govt. of Meghalaya,
Health & Family Welfare Deptt.
III. Commissioner & Secretary/ - Member Secretary
Secretary Govt. of Meghalaya
Health & Family Welfare Deptt.
IV. Commissioner & Secretary/ - Member
Secretary/Addl. Secretary,
Govt. of Meghalaya, Personnel
& A.R. Deptt.
(2) (i) For the purpose of appointment by promotion to the Posts under sub-rule (1) of Rule 7 in respect of Post in Grade III, Grade IV and Grade VI there shall be Departmental Promotion Committee consisting of the following members namely:-
I. Commissioner & Secretary/ Secretary Govt. of Meghalaya Page 32 of 52 Health & Family Welfare Deptt. - Chairman II. Director of Health Services(MI) - Member Secretary III. Commissioner & Secretary/ Secretary/Addl. Secretary, Govt. of Meghalaya, Personnel & A.R. Deptt. or his representative - Member IV. Commissioner & Secretary/ Secretary/Addl. Secretary, Govt. of Meghalaya, Finance Deptt.
or his representative - Member
(ii) The Committee may invite any other person to attend its meeting if and when considered necessary.
12. PROCEDURE FOR PREPARING THE SELECT LIST:- (1) At the beginning of each year the appointing authority shall refer to the Committee the approximate number of vacancies likely to occur in each grade of the service during the year to enable the Committee to prepare the lists for promotion to those grades. For this purpose the appointing authority shall furnish the Committee with the following documents, namely:-
(a) A list of the members of the service drawn up in order of seniority and consisting three times the number of vacancies referred in sub-rule (1).
Provided that such restriction shall not apply in respect of post where the total number of eligible persons is less than three times the number of vacancies and in such a case the Committee shall consider all the eligible candidates.
(b) The Character Rolls and Service Records of such members.
(c) Any other documents and information as may be considered necessary by the appointing authority or required by the Committee.
(2) The Committee after examining the Character Rolls, Service Records and other documents in respect of all such persons, shall prepare a list based on seniority with due regard to individual merit and suitability. The number of persons to be included in the list shall be according to the actual number of vacancies available at the particular grade. The list shall be forwarded by the Committee to the appointing authority. (3) The names of persons in the list shall be placed in order of preference for promotion. In every case where a junior member is selected in preference to his seniors, the Committee shall record in writing the reason for doing so.
(4) For the purpose of appointment by promotion under sub- rule (1) of Rule 7, the appointing authority shall consider the list Page 33 of 52 prepared by the Committee along-with the Character Rolls and Service Records and other documents in respect of each person in the list and unless he considers that any change is necessary, approve the list. If the Appointing Authority considers it necessary to make any change in the list received from the Committee he shall inform the Committee of the changes proposed and after taking into consideration the comments, if any, of the Committee, approve the list finally with or without modification as may in its opinion be just and proper. (5) The list as approved under sub-rule (4) above shall form the Select List for the purpose of appointment by promotion under sub-rule (1) of Rule 7.
***** ***** *****
***** ***** *****
23. REPEAL AND SAVINGS:- All Rules, orders or notification corresponding to and in force immediately before the commencement of these rules are hereby repealed. Provided that all orders made or action taken under the rules, order or notification so repealed or any action taken in pursuant thereto shall be deemed to have been validly made or taken under the corresponding provisions of these rules."
7. Rule 7 of the MNSR, 2008 does not provide the method/mode of conducting the test for direct recruitment to the post of Grade VII. However, Rule 7 (2) of the MNSR, 2008 provides that a Committee shall be constituted for the purpose of recruitment to the post of Grade VII. This will however subject to the final approval of the provision by the concerned Department/Cabinet. The Governor of Meghalaya was pleased to constitute the Departmental Committee for recruitment or appointment of the bonded nursing students i.e. staff nurses and ANMs vide Notification being No. Health 128/2011/Pt/2 dated 11.06.2013 (Annexure-9 to the writ petition) which reads as follows:-
"GOVERNMENT OF MEGHALAYA HEALTH & FAMILY WELFARE DEPARTMENT ORDERS BY THE GOVERNOR NOTIFICATION Page 34 of 52 Dated Shillong, the 11th June, 2013 No. Health 128/2011/Pt/2: The Governor of Meghalaya is pleased to constitute the Departmental Committee for recruitment/appointment of bonded Nursing Students i.e. Staff Nurses & ANMs with the following members:-
1. The Director of Health Services (MI) - Chairman Meghalaya, Shillong.
2. The Director of Health Services - Member (MCH&FW), Meghalaya, Shillong.
3. Joint Director of Health Services (MI) - Member Meghalaya, Shillong.
4. Assistant Director of Health Services - Member Secretary (Nursing), Meghalaya, Shillong.
5. Principal/Vice Principal G.N.M. - Member School of Nursing.
6. Matron/Assistant Matron - Member During the process of recruitment/appointment, the State Reservation Policy should be taken into account.
Sd/-(D.P. Wahlang) Commissioner & Secretary to the Government of Meghalaya, Health & Family Welfare Department."
8. Later on, the Governor of Meghalaya was pleased to constitute the Departmental Committee for recruitment of the Staff Nurses and ANMs as provided under Rule 7 (2) of the MNSR, 2008 vide Notification being No. Health 128/2011/Pt/3 dated 07.03.2014 which reads as follows:-
"GOVERNMENT OF MEGHALAYA HEALTH & FAMILY WELFARE DEPARTMENT ORDERS BY THE GOVERNOR NOTIFICATION Dated Shillong, the 7th March, 2014 No. Health 128/2011/Pt/3: The Governor of Meghalaya is pleased to constitute the Departmental Committee for recruitment of Staff Nurses & ANMs with the following members:-Page 35 of 52
1. The Director of Health Services (MI) - Chairman Meghalaya, Shillong.
2. The Director of Health Services - Member (MCH&FW), Meghalaya, Shillong.
3. The Director of Health Services - Member (Research) Meghalaya, Shillong
4. Joint Director of Health Services (MI) - Member Meghalaya, Shillong.
5. Deputy Director of Health Services - Member (Admn.)
4. Assistant Director (Nursing) - Member Secretary During the process of recruitment/appointment, the State Reservation Policy should be taken into account.
Sd/-
(Y. Tsering, IAS) Principal Secretary to the Government of Meghalaya, Health & Family Welfare Department."
9. The Director of Health Services (MI), Govt. of Meghalaya, Shillong issued an advertisement dated 17.01.2014 inviting application from the eligible candidates who are bonafide citizens of India for appointment to 75 posts of ANM and under that advertisement, the qualification for the post of ANM is possessing Auxiliary Nurse Midwife from recognized institution by Indian Nursing Council and registered under Meghalaya Nursing Council. The age of the candidates shall be between 18-27 years relaxable by 5 years in case of SC/ST candidates. The said advertisement dated 17.01.2014 (Annexure-1 to the writ petition) reads as follows:-
"ADVERTISEMENT The Director of Health Services (MI), Meghalaya, Shillong invites application form from eligible candidates who are bonafide citizens of India for the post of A.N.M. Page 36 of 52
1. No. of Posts 75 posts
2. Qualification Possessing Auxiliary Nurse Midwife from recognized institution by India Nursing Council & registered under Meghalaya Nursing Council
3. Additional Knowledge of Khasi, Jaintia & Garo Language
4. Age 18 to 27 years age limit relaxable by 5 years in case of SC/ST candidates
5. Scale of Pay Rs.9200-230-10810-EB-13510-410-18020/-
Last date to submit the application form is 27 th January, 2014, date of interview to be notified later.
Selection candidates as per State Reservation Policy of the Govt. of Meghalaya.
The Application form to be submitted to the office of the undersigned.
Sd/-
MIPR No.937 Director of Health Services (MI) Dt.17/1/2014 Meghalaya, Shillong"
10. In response to the said advertisement dated 17.01.2014, the petitioners having requisite qualification had applied for the said 75 posts of ANM on the belief that they will be recruited as per the usual practice/procedure and also as per the rules prescribed in the MNSR, 2008.
It is the further case of the petitioners that as per the usual practice which had been followed for recruitment of Grade VII of MNSR, 2008, once the training is completed and whenever posts are available, they are given appointments and also that as per Rule 7 (2) of the MNSR, 2008, a Committee shall be constituted for recruitment to the post in Grade VII and there is no provision for direct recruitment through competitive examination for Grade VII post and as such, the candidates who had undergone and completed the training and applied for the posts as per the said advertisement dated 17.01.2014 are to be appointed directly in the post of ANM. It is the further case of the petitioners that the said Notification dated 07.03.2014 for constitution of the Departmental Committee for recruitment of the Staff Nurses and ANMs is highly illegal and malafide inasmuch as, the Page 37 of 52 two important members i.e. Principal/Vice Principal G.N.M. School of Nursing and Matron/Assistant Matron had been removed. To the utter shock and surprise to the petitioners, a Notification dated 30.05.2014 was published in the newspaper by the Director of Health Services (MI), Govt. of Meghalaya, Shillong asking the candidates who applied in response to the advertisement dated 17.01.2014 to appear for written test to be held on 24.06.2014 at the School of Nursing Civil Hospital, Shillong and bring along with them the original Meghalaya Nursing Council, Registration card ANM. The said Notification dated 30.05.2014 (Annexure-3 to the writ petition) reads as follows:-
"GOVERNMENT OF MEGHALAYA OFFICE OF THE DIRECTOR OF HEALTH SERVICES (MI), MEGHALAYA, SHILLONG No.HSM/NS/34/13/2722 Dated, the 30th May, 2014.
NOTIFICATION
1. Candidates who applied for the post of ANM in response to the Advertisement No.HSM/NS/13/13/17351 dt.17.1.2014 can appear for written test to be held on the 24th June, 2014 at the School of Nursing Civil Hospital, Shillong. They should bring along with them the original Meghalaya Nursing Council, Registration card ANM only.
2. The names of candidates who are eligible to appear the Written Test will be displayed in the Notice Board of the office of the Director of Health Services (MI), Health Complex and in the office of the District Medical & Health Officer, West Garo Hills, Tura.
3. The result of the written examination will be published in the notice board of the Director of Health Services (MI) Health Complex on the 25th June, 2014.
4. Personal interview of the successful candidates will be held at 10:00 AM on the 26th June, 2014 at the School of Nursing Civil Hospital Shillong.
5. All original certificates/documents are to be brought to the interview hall.
MIPR No.268 Sd/-
Dt. 30/05/2014 Director of Health Services (MI)
Meghalaya, Shillong"
Page 38 of 52
11. In the present writ petition, the petitioners are challenging the said Notification dated 30.05.2014 for conducting the written test on the main ground that that there is no provision/procedure of written examination for recruitment of Grade VII through competitive examination and also that the petitioners who had completed 18th months course for female health worker should be given appointment to the said 75 posts of ANM advertised in the said advertisement dated 17.01.2014 without any test by completely neglecting the rights of the other candidates who had successfully completed 18th months course of female health worker and also the residents of the State of Meghalaya.
12. The respondents No.1-4 filed joint affidavit-in-opposition wherein, it is stated that the advertisements for the selection of candidates to undergo 18th months training course mentioned in the writ petition are not the advertisement for recruitment to the posts of ANM. In the said advertisement for the selection of candidates to undergo 18 th months training course, it is clearly mentioned in para 9 that "Further note that Govt. will have no obligation to employ the passed out trainees. They are free to volunteer to undergo training for self-employment in Non-Govt. Institution. However, whenever posts are available their employment will consider following usual procedure." The procedure for appointment means the procedure prescribed under the MNSR, 2008 and the constitutional scheme for regular appointment. The past practices before enactment of the MNSR, 2008 are clearly repealed under Rule 23 of the MNSR, 2008, after the commencement of the MNSR, 2008. The Govt. of Meghalaya, Health & Family Welfare Department had sanctioned for the creation of 360 (three hundred sixty) additional posts of Staff Nurse vide sanction Order No. Health.109/2010/165 dated 20.12.2012 issued by the Under Secretary to the Govt. of Meghalaya, Health & Family Welfare Department. The 360 posts were divided into 180 Page 39 of 52 posts for bonded candidates (sponsored candidates of the Govt. of Meghalaya, who had completed 18th months training course for female health worker i.e. the petitioners and other sponsored candidates) and only 162 bonded candidates applied for the said 180 posts of Staff Nurse. Hence, no written examination was held for the bonded candidates. The number of vacant post of ANM as per the advertisement dated 17.01.2014 is 75. The numbers of applicants were more than 300. Hence, the decision of the Departmental Committee to conduct the written examination and personal interview of the bonded candidates for selecting the bonded candidates for the said 75 posts of ANMs. It is the further case of the respondents that the State Govt. has no obligation to employ the passed out trainees directly to the post of ANM whenever posts are available. Further, the State respondents submitted that the Departmental Promotion Committee was re- constituted on 07.03.2014 by removing two of its members i.e. Principal/Vice Principal G.N.M. School of Nursing and Nursing Matron/Assistant Nursing Matron because the aspirant nursing candidates are the students of the said Nursing School and the Director, who is the Chairman of the Departmental Committee has the intention to conduct free and fair recruitment examination and interview. Hence, this is the reason for re-constitution of the Departmental Committee constituted on 11.06.2013 vide Notification dated 07.03.2014 and as such, there is no illegality and malafide in removing the said two members of the earlier Committee dated 11.06.2013.
13. Core questions No.1 & 2:-
MNSR, 2008 does not prescribe the procedure/method for selection of the candidates for direct recruitment to the post of Grade VII except that under Rule 7 (2), a Committee shall be considered for the purpose of recruitment for the post in Grade V and Grade VII. This shall however subject to the final approval of the provision by the concerned Page 40 of 52 Department/Cabinet. Under the jurisprudence, exclusion shall be expressed. However, the Court can go beyond words to ascertain the legislative intent. Law is what the Judges said. Justice S. Ratnavel Pandian, Judge of the Supreme Court of India observed in Kartar Singh v. State of Punjab: (1994) 3 SCC 569 that:
"When Law ends, Tyranny begins;
Legislation begins where Evil begins.
The function of the Judiciary begins when the function of the Legislature ends"
Law is made not to be broken but to be obeyed. The Apex Court (Constitution Bench) in Kartar Sing's case (Supra) held that:
"113. Though normally the plain ordinary grammatical meaning of an enactment affords the best guide and the object of interpretating a statute is to ascertain the intention of the legislature enacting it, other methods of extracting the meaning can be resorted to if the language is contradictory, ambiguous or leads really to absurd results so as to keep at the real sense and meaning. See (1) Salmond: Jurisprudence, 11th Edn. p. 152 (2) South Asia Industries (P) Ltd. v. S. Sarup Singh:
AIR 1966 SC 346, 348: (1966) 3 SCR 829: (1968) Pun LR 108(D) (AIR at p. 348) and (3) S. Narayanaswami v. G. Panneerselvam: (1972) 3 SCC 717: AIR 1972 SC 2284 (SCC at p. 720: AIR at p. 2285).
115. ..... However, unless a statute either expressly or by necessary implication rules out 'mens rea' in cases of this kind, the element of 'mens rea' must be read into the provisions of the statute. The question is not what the word means but whether there are sufficient grounds for inferring that the Parliament intended to exclude the general rule that mens rea is an essential element for bringing any person under the definition of 'abet'."
From the ratio laid down in Kartar Sing's case (Supra), it is clear that "exclusion" under a statute shall be either expressly or by necessary implication. In the case in hand, Rule 7 (2) of the MNSR, 2008 and other provisions of the MNSR, 2008, do not expressly exclude the Page 41 of 52 written test of the candidates in selecting the candidates for direct recruitment to the post of Grade VII nor the Departmental Committee is barred from prescribing its procedure or method for selection of the candidates.
14. The Apex Court in K. Manjusree v. State of Andhra Pradesh & Anr: (2008) 3 SCC 512 held that where the rules do not prescribe any procedure, the Selection Committee may also prescribe minimum marks for written test and interview or prescribe the procedure for the selection. Para 33 of the SCC in K. Manusree's case (Supra) reads as follows:-
"33. ......We have no doubt that the authority making rules regulating the selection, can prescribe by rules, the minimum marks both for written examination and interviews, or prescribe minimum marks for written examination but not for interview, or may not prescribe any minimum marks for either written examination or interview. Where the rules do not prescribe any procedure, the Selection Committee may also prescribe the minimum marks, as stated above......"
The Apex Court in Tridip Kumar Dingal & Ors v. State of West Bengal & Ors.: (2009) 1 SCC 768 held that in the absence of any provision in the statutory rules for short listing of the candidates, the administrative instructions can be issued for short listing of the candidates or for selection of the candidates on the basis of marks obtained in the written test as well as interview test. Para 38 of the SCC in Tridip Kumar Dingal's case (Supra) reads as follows:-
"38. Having heard learned counsel for the parties, in our opinion, the appeals deserve to be partly allowed. The contention on behalf of the State Government that written examination was for shortlisting the candidates and was in the nature of "elimination test" has no doubt substance in it in view of the fact that the records disclose that that there were about 80 posts of Medical Technologists and a huge number of candidates, approximately 4000 applied for appointment. The Page 42 of 52 State authorities had, therefore, no other option but to "screen"
candidates by holding written examination. It was observed that no recruitment rules were framed in exercise of the power under the proviso to Article 309 of the Constitution and hence no such action could be taken. In our opinion, however, even in absence of statutory provision, such an action can always be taken on the basis of administrative instructions - for the purpose of "elimination" and "shortlisting" of huge number of candidates provided the action is otherwise bona fide and reasonable."
15. The Apex Court in State of Orissa & Anr. v. Mamata Mohanty: (2011) 3 SCC 436 held that:
"50...... Even an implied power is to be exercised with care and caution with reasonable means to remove the obstructions or overcome the resistance in enforcing the statutory provisions or executing its command. Incidental and ancillary powers cannot be used in utter disregard of the object of the statute. Such power can be exercised only to make such legislation effective so that the ultimate power will not become illusory, which otherwise would be contrary to the intent of the legislature. (Vide Matajog Dobey v. H.S. Bhari: AIR 1956 SC 44: 1956 Cri LJ 140 and State of Karnataka v. Vishwabharathi House Building Coop. Society: (2003) 2 SCC 412)."
The Apex Court in Sant Ram Sharma v. State of Rajasthan:
AIR 1967 SC 1910 held that it is true that Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, Government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed.
The Apex Court in State of M.P. v. G.S. Dall & Flour Mills:
1992 Supp (1) SCC 150 held that the Executive instructions can supplement a statue or cover areas to which the statute does not extend. But they cannot run contrary to statutory provisions or whittle down their effect. Page 43 of 52
16. The Apex Court in DDA & Ors. v. Joginder S. Monga & Ors:
(2004) 2 SCC 297 held that:
"30. It is not a case where a conflict has arisen between a statute or a statutory rule on the one hand and an executive instruction, on the other. Only in a case where a conflict arises between a statute and an executive instruction, indisputably, the former will prevail over the latter. The lessor under the deed of lease is to fix the market value. It could do it areawise or plotwise. Once it does it areawise which being final and binding, it cannot resile therefrom at a later stage and take a stand that in a particular case it will fix the market value on the basis of the price disclosed in the agreement of sale."
17. The Apex Court in Sk. Abdul Rashid & Ors v. State of Jammu and Kashmir & Ors: (2008) 1 SCC 722 held that:
"15. No executive order could be issued in derogation of the statutory rules far less a legislative Act. The Rules being statutory in nature and having been framed under the Jammu and Kashmir Civil Servants (Removal of Doubts and Declaration of Rights) Ordinance, 1956 have statutory force, the executive order in question was required to be issued in consonance with and not in derogation thereof."
18. From the ratio decidendi of the above cases, it is clear that the executive instructions can supplement a statue or cover areas to which the statute does not extend but they cannot run contrary to the statutory provisions or whittle down their effect. But in case the executive order does not conflict with the statute, both the provisions of the statute and executive order will prevail. Hence, in the given case, the Departmental Committee can issue the impugned notification dated 30.05.2014/order for conducting the written test of the eligible candidates for direct recruitment to the said 75 posts of ANMs mentioned in the advertisement dated 17.01.2014 for which more than 300 applicants had applied for the said 75 posts of ANMs. The matters relating to creation/abolition of posts, formation/restructuring of Page 44 of 52 cadres, sources/mode of recruitment, prescription of qualifications, selection criteria, evaluation of service records, are the matters which fall in employer's domain. Judicial review comes into play only if State action is contrary to constitutional or statutory provisions, or is patently arbitrary or vitiated by mala fides. [Ref: Union of India v. Pushpa Rani & Ors: (2008) 9 SCC 242].
19. Core question No.3:
The Apex Court in K.A. Nagamani v. Indian Airlines & Ors:
(2009) 5 SCC 515 held that:
"37. "10. ..... There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service".
(See P.U. Joshi v. Accountant General: (2003) 2 SCC 632:
2003 SCC (L&S) 191, SCC p. 639, para 10)".
20. A claim based on merely legitimate expectation without anything more cannot ipso facto give a right. Its uniqueness lies in the fact that it covers the entire span of time: present, past and future. How significant is the statement that today is tomorrow's yesterday. The present is as we experience it, the past is a present memory and future is a present expectation. For legal purposes, expectation is not same anticipation. Legitimacy of an expectation can be inferred only if it is founded on the sanction of law. [Ref: Union of India & Anr. v. International Trading Co. & Anr: (2003) 5 SCC 437].
In the case in hand, the past practice of appointing the trainee on the completion of the training directly to the post of ANM by completely Page 45 of 52 neglecting the rights of the others, will not stand the test of Articles 14 & 16 of the Constitution of India. A party cannot claim that since something wrong has been done in another case direction should be given for doing another wrong. The Apex Court in International Trading Co. case (Supra) held that:
"13. ..... It is not necessary to deal with that aspect because two wrongs do not make one right. A party cannot claim that since something wrong has been done in another case direction should be given for doing another wrong. It would not be setting a wrong right, but would be perpetuating another wrong. In such matters there is no discrimination involved. The concept of equal treatment on the logic of Article 14 of the Constitution of India (in short "the Constitution") cannot be pressed into service in such cases. What the concept of equal treatment presupposes is existence of similar legal foothold. It does not countenance repetition of a wrong action to bring both wrongs on a par. Even if hypothetically it is accepted that a wrong has been committed in some other cases by introducing a concept of negative equality the respondents cannot strengthen their case. They have to establish strength of their case on some other basis and not by claiming negative equality."
21. The Apex Court in Harpal Kaur Chahal (Smt) v. Director, Punjab Instructions, Punjab & Anr.: 1995 Supp (4) SCC 706 held that:
"3. It is next contended that along with the appellant two more candidates were selected and were appointed and their appointment were upheld by the High Court. Denial to her is violative of Article 14 of the Constitution. We find no force in the contention. The view of the High Court is obviously illegal and the judgment rendered would not form the ground for our holding that the others who get the benefit by illegal orders will be extended in favour of other candidates though illegally appointed. Article 14 cannot be extended to legalise the illegal orders though others had wrongly got the benefit of the orders. Under these circumstances, we find no ground to uphold the recruitment of the appellant as a Physical Training Instructor. ....."
22. The Apex Court in Manish Goel v. Rohini Goel: (2010) 4 SCC 393 held that:
Page 46 of 52
"14. Generally, no court has competence to issue a direction contrary to law nor can the court direct an authority to act in contravention of the statutory provisions. The courts are meant to enforce the rule of law and not to pass the orders or directions which are contrary to what has been injected by law. (Vide State of Punjab v. Renuka Singla: (1994) 1 SCC 175, State of U.P. v. Harish Chandra: (1996) 9 SCC 309: 1996 SCC (L&S) 1240: AIR 1996 SC 2173, Union of India v. Kirloskar Pneumatic Co. Ltd.: (1996) 4 SCC 453: AIR 1996 SC 3285, University of Allahabad v. Dr. Anand Prakash Mishra: (1997) 10 SCC 264: 1997 SCC (L&S) 1265 and Karnataka SRTC v. Ashrafulla Khan: (2002) 2 SCC 560: AIR 2002 SC 629.)
15. A Constitution Bench of this Court in Prem Chand Garg v. Excise Commr: AIR 1963 SC 996 held as under: (AIR p.1002, para 12) "12. ..... An order which this Court can make in order to do complete justice between the parties, must not only be consistent with the fundamental rights guaranteed by the Constitution, but it cannot even be inconsistent with the substantive provisions of the relevant statutory laws."
(emphasis supplied) The Constitution Bench of this Court in Supreme Court Bar Assn. v. Union of India: (1998) 4 SCC 409: AIR 1998 SC 1895 and E.S.P. Rajaram v. Union of India: (2001) 2 SCC 186: 2001 SCC (L&S) 352: AIR 2001 SC 581 held that under Article 142 of the Constitution, this Court cannot altogether ignore the substantive provisions of a statute and pass orders concerning an issue which can be settled only through a mechanism prescribed in another statute. It is not to be exercised in a case where there is no basis in law which can form an edifice for building up a superstructure.
16. Similar view has been reiterated in A.R. Antulay v. R.S. Nayak: (1988) 2 SCC 602: 1988 SCC (Cri) 372, Bonkya v. State of Maharashtra: (1995) 6 SCC 447: 1995 SCC (Cri) 1113, Common Cause v. Union of India: (1999) 6 SCC 667:
1999 SCC (Cri) 1196: AIR 1999 SC 2979, M.S. Ahlawat v. State of Haryana: (2000) 1 SCC 278: 2000 SCC (Cri) 193:
AIR 2000 SC 168, M.C. Mehta v. Kamal Nath: (2000) 6 SCC 213: AIR 2000 SC 1997, State of Punjab v. Rajesh Syal: (2002) 8 SCC 158: 2002 SCC (Cri) 1867, Govt. of W.B. v.
Tarun K. Roy: (2004) 1 SCC 347: 2004 SCC (L&S) 225, Textile Labour Assn. v. Official Liquidator: (2004) 9 SCC 741: AIR 2004 SC 2336, State of Karnataka v. Ameerbi:
(2007) 11 SCC 681: (2008) 1 SCC (L&S) 975, Union of India v. Shardindu: (2007) 6 SCC 276: (2007) 2 SCC (L&S) 456:
AIR 2007 SC 2204 and Bharat Sewa Sansthan v. U.P. Electronic Corpn. Ltd.: (2007) 7 SCC 737: AIR 2007 SC 2961.
Page 47 of 52
17. In Teri Oat Estates (P) Ltd. v. UT, Chandigarh: (2004) 2 SCC 130 this Court held as under: (SCC p.144, para 36) "36. ..... sympathy or sentiment by itself cannot be a ground for passing an order in relation whereto the appellants miserably fail to establish a legal right. ..... despite an extraordinary constitutional jurisdiction contained in Article 142 of the Constitution of India, this Court ordinarily would not pass an order which would be in contravention of a statutory provision."
23. Learned counsel for the petitioners by placing heavy reliance on the decision of the Apex Court in State of Uttar Pradesh & Anr.. v. Santosh Kumar Mishra: (2010) 9 SCC 52 contended that by following the past practice of appointing the trainee on completion of the training course directly to the post of ANM whenever vacancy available, the petitioners should also be appointed on the completion of their training directly to the said 75 posts of ANM advertised in the advertisement dated 17.01.2014 without conducting any test. In Santosh Kumar Mishra's case (Supra) there are two possible ways of interpreting of the rules; and the Apex Court held that in case one of the possible ways of interpretation of the rules was followed in earlier cases, same should be followed in the latter cases. The Apex Court in a catena of cases held that a little difference in facts or additional facts may make a lot of difference in the precedential value of a decision and also that decision in a case should be understood in the light of the fact of that case. The ratio decidendi of a judgment has to be found out only on reading the entire judgment. In fact, the ratio decidendi of the judgment is what is set out in the judgment itself. The Apex Court in Bhavnagar University v. Palitana Sugar Mill (P) Ltd. & Ors: (2003) 2 SCC 111 held that:
"59. A decision, as is well known, is an authority for which it is decided and not what can logically be deduced therefrom. It is also well settled that a little difference in facts or additional facts Page 48 of 52 may make a lot of difference in the precedential value of a decision. [See Ram Rakhi v. Union of India: AIR 2002 Del 458 (FB), Delhi Admn. (NCT of Delhi) v. Manohar Lal: (2002) 7 SCC 222: 2002 SC (Cri) 1670: AIR 2002 SC 3088, Haryana Financial Corpn. v. Jagdamba Oil Mills: (2002) 3 SCC 496:
JT (2002) 1 SC 482, and Nalini Mahajan (Dr) v. Director of Income Tax (Investigation): (2002) 257 ITR 123 (Del)]."
24. The Apex Court in Natural Resources Allocation in RE, Special Reference No.1 of 2012: (2012) 10 SCC 1 held that:
"71. With reference to the precedential value of decisions, in State of Orissa v. Mohd. Illiyas: (2006) 1 SCC 275: 2006 SCC (L&S) 122 this Court observed: (SCC p.282, para 12) "12. ..... According to the well-settled theory precedents, every decision contains three basis postulates: (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect of the above. A decision is an authority for what is actually decides. What is of the essence in a decision is its ratio and not every observation found therein nor what logically flows from the various observations made in the judgment."
72. Recently, in Union of India v. Amrit Lal Manchanda:
(2004) 3 SCC 75: 2004 SCC (Cri) 662 this Court has observed as follows: (SCC p.83, para 15) "15. ..... Observations of courts are neither to be read as Euclid's theorems nor as provisions of the statute and that too taken out of their context. These observations must be read in the context in which they appear to have been stated. Judgments of courts are not to be construed as statutes. To interpret words, phrases and provisions of a statue, it may become necessary for Judges to embark into lengthy discussions but the discussion is meant to explain and not to define. Judges interpret statutes, they do not interpret judgments. They interpret words of statutes; their words are not to be interpreted as statutes."
73. It is also important to read a judgment as a whole keeping in mind that it is not an abstract academic discourse with universal applicability, but heavily grounded in the facts and Page 49 of 52 circumstances of the case. Every part of a judgment is intricately linked to others constituting a larger whole and thus, must be read keeping the logical thread intact. In this regard, in Islamic Academy of Education v. State of Karnataka: (2003) 6 SCC 697, this Court made the following observations: (SCC p.719, para 2) "2. ..... The ratio decidendi of a judgment has to be found out only on reading the entire judgment. In fact, the ratio of the judgment is what is set out in the judgment itself. The answer to the question would necessarily have to be read in the context of what is set out in the judgment and not in isolation. In case of any doubt as regards any observations, reasons and principles, the other part of the judgment has to be looked into. By reading a line here and there from the judgment, one cannot find out the entire ratio decidendi of the judgment."
25. The Apex Court (Constitution Bench) in Secretary, State of Karnataka & Ors v. Uma Devi (3) & Ors: (2006) 4 SCC 1 held that in the name of individualising justice, it is also not possible for the Supreme Court to shut its eyes to the constitutional scheme and the rights of the numerous as against the few who are before the court. The directive principles of State policy have also to be reconciled with the rights available to the citizen under Part III of the Constitution and the obligation of the State to one and all and not to a particular group of citizens. Paras 5 & 51 of the SCC in Uma Devi case (Supra) read as follows:-
"5. This Court has also on occasions issued directions which could not be said to be consistent with the constitutional scheme of public employment. Such directions are issued presumably on the basis of equitable considerations or individualisation of justice. The question arises, equity to whom? Equity for the handful of people who have approached the court with a claim, or equity for the teeming millions of this country seeking employment and seeking a fair opportunity for competing for employment? When one side of the coin is considered, the other side of the coin has also to be considered and the way open to any court of law or justice, is to adhere to the law as laid down by the Constitution and not to make directions, which at times, even if do not run counter to the constitutional scheme, certainly tend to water down the constitutional requirements. It is this conflict that is reflected in these cases referred to the Constitution Bench.Page 50 of 52
51. The argument that the right to life protected by Article 21 of the Constitution would include the right to employment cannot also be accepted at this juncture. The law is dynamic and our Constitution is a living document. May be at some future point of time, the right to employment can also be brought in under the concept of right to life or even included as a fundamental right. The new statute is perhaps a beginning. As things now stand, the acceptance of such a plea at the instance of the employees before us would lead to the consequence of depriving a large number of other aspirants of an opportunity to compete for the post or employment. Their right to employment, if it is a part of right to life, would stand denuded by the preferring of those who have got in casually or those who have come through the backdoor. The obligation cast on the State under Article 39(a) of the Constitution is to ensure that all citizens equally have the right to adequate means of livelihood. It will be more consistent with that policy if the courts recognise that an appointment to a post in government service or in the service of its instrumentalities, can only be by way of a proper selection in the manner recognized by the relevant legislation in the context of the relevant provisions of the Constitution. In the name of individualizing justice, it is also not possible to shut our eyes to the constitutional scheme and the right of the numerous as against the few who are before the court. The directive principles of State policy have also to be reconciled with the rights available to the citizen under Part III of the Constitution and the obligation of the State to one and all and not to a particular group of citizens. We, therefore, overrule the argument based on Article 21 of the Constitution."
26. For the foregoing discussion, the petitioners cannot claim for appointment to the posts of ANM advertised in the impugned advertisement dated 17.01.2014 without subjecting them to any sort of selection tests on the basis of negative equality or past practice which is in violation of the constitutional scheme for regular appointment. Accordingly, in the given case, the core question No.(i) i.e. whether the writ petitioners who had completed 18th months course of female health workers as sponsored candidates/bonded candidates of the Govt. of Meghalaya are to be appointed directly to the post of ANMs or Grade VII post of the Meghalaya Nursing Service Rules, 2008 without any test i.e. written test as well as viva voce test by completely neglecting the rights of the other candidates who had completed 18th months course of female health workers and also the residents of the State of Meghalaya? is decided against the petitioners. Page 51 of 52
27. The core questions No.(ii) i.e. whether the selection committee, in the absence of the mode of procedures for selection of candidates prescribed by Meghalaya Nursing Service Rules, 2008 can prescribe the mode of selection by issuing notification/orders? is decided in favour of the State respondents/Departmental Committee, in other words, in the given case, the Departmental Committee can issue the impugned notification dated 30.05.2014 for conducting the written test for the eligible candidates and the core question No.(iii) i.e. whether the writ petitioners can claim the relief sought for in the present writ petition on the basis of negative equality/past practice which is in violation of the constitutional scheme for regular appointment? is decided against the petitioners.
28. For the foregoing reasons, the writ petition is devoid of merit and it is dismissed.
JUDGE Lam Page 52 of 52