PROBIRTH D. MARAK Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2020-10-1
HIGH COURT OF MEGHALAYA
Decided on October 05,2020

Probirth D. Marak Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

RANJIT MORE,J. - (1.) By filing above petitions, the petitioners are seeking regularization in service. The petitioners are also challenging the Meghalaya Teachers Eligibility Test (for short 'MTET') examination which was held on 31.01.2019. Since the issues involved in the above petitions are similar, the pleadings are also completed and the learned counsel for the respective parties agreed for disposal of these petitions at the stage of admission, I have heard them extensively and I am disposing of the petitions by this common judgment.
(2.) For convenience, brief facts of the Writ Petition being WP(C). No.98/2020 are taken into consideration, which are as follows: The petitioners were appointed as teachers in Government Schools in the State of Meghalaya on temporary/adhoc basis for the period of 59 days and since then they have been continuing in service for the past 2 - 10 years. It is the case of the petitioners that they were qualified in all aspects as per the requirement of NCTE Notification dated 29.07.2011. The Director of Educational Research & Training has made an advertisement dated 29.10.2018 for conducting MTET examination. Accordingly, the petitioners and other candidates had appeared for the examination which was conducted on 31.1.2019 and the results were declared on 25.02.2020. Petitioners contends that there was no proper clarification as to whether it was mandatory for the existing teachers to appear in the examination and whether the existing teachers who fail to clear the said examination will be removed from the existing service. Petitioners further contends that they were told that MTET examination is not mandatory for existing teachers and it is only meant for fresh candidates who are applying for the post of teachers in the Government schools and it is optional for the petitioners to appear for the examination. It is further the case of the petitioners that after declaration of the MTET results on 25.02.2020, the Government has issued an order dated 18.02.2020 directing all Sub-Divisional Schools Education Officers to issue only one-time extension to temporary teachers for the period of 59 days. The petitioners being aggrieved, therefore, filed this petition impugning the said order dated 18.02.2020. The petitioners have also sought regularization in service. The petitioners are further praying for cancellation of the whole process of MTET examination which was conducted on 31.01.2019.
(3.) Mr. P.T.Sangma, learned counsel submitted that the petitioners were appointed on temporary/adhoc basis and were having all the requisite qualification to be appointed as teachers as per requirement of the National Council for Teachers Education (for short 'NCTE') and they are working in such capacity for the period ranging from 2 - 10 years. Mr. Sangma submitted that the examination for MTET was conducted on 31.1.2019 in different districts of Meghalaya. However, it was found that there was leakage of the question papers before the scheduled date and time of examination. In respect of this leakage, two First Information Report at Tura Police Station also came to be filed. He submitted that there was no progress in the investigations and consequently, the results of the said examination in one Sub-Division namely, Dadanggre has not been declared till date. Mr. Sangma submitted that the entire examination process because of the leakage is vitiated and same should be set aside. Mr. Sangma in support of his arguments relied upon the decision of the Apex Court in Chairman, All India Railway Recruitment Board and Anr. Vs. K.Shyam Kumar and Ors. (2010) 6 SCC 614 and Madhyamic Shiksha Mandal, M.P. Vs. Abhilash Shiksha Prasar Samiti and Ors.(1998) 9 SCC 236. Mr. Sangma submitted that the petitioners have served for a period between 1 - 10 years and they have legitimate expectation that they would be regularized in service considering their vast experience and length of service. Mr. Sangma further contended that the respondent authority had appointed the petitioners on temporary basis after examining their educational qualification and after it was found that the petitioners were eligible and qualified to be appointed as teachers as they fulfill the required educational qualification of 2-year Diploma in Elementary Education as per NCTE norms. Mr. Sangma concluded his submission by submitting that the services of the petitioners deserve to be regularized.;


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