STATE OF MEGHALAYA Vs. SUJATA GUPTA
HIGH COURT OF MEGHALAYA
STATE OF MEGHALAYA
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MOHAMMAD RAFIQ; CJ. -
(1.) This writ appeal seeks to challenge the judgment dated 24.06.2014 passed by the learned Single Judge whereby, the writ petition filed by respondent No.1 was allowed and the order of the Government of Meghalaya dated 24.03.2011 refusing to approve the appointment of respondent No.1/writ petitioner on the post of Assistant Teacher at Rilbong P.N. Chaudhuri Higher Secondary School (for short RPNCHS School) run by respondents No.2 and 3 and directing the School Management to advertise the post afresh by applying the reservation policy of the State, was quashed and set aside and the School Management was directed to grant appointment to the respondent No.1/writ petitioner.
(2.) The facts of the case giving rise to this appeal are that respondent- RPNCHS School had advertised the vacant post of Assistant Teacher in the local newspaper Meghalaya Guardian on 26.03.2008 inviting application from eligible candidates. After the written examination followed by oral interview, a panel of two candidates was prepared. While Smti. Anindita Chowdhury was placed at serial No.1 and was duly appointed to the said post, the respondent No.1/writ petitioner was placed at serial No.2 in the select list. Thereafter, the Management Committee vide resolution dated 07.12.2008 unanimously decided to appoint the respondent No.1/writ petitioner to the post of Assistant Teacher which fell vacant on the retirement of one Shri Santosh Kumar Deb and forwarded the proposal to the Inspector of Schools, Shillong vide letter dated 09.12.2008 seeking his approval. After a spate of correspondence, the Inspector of Schools, Shillong vide letter 21.04.2011 informed the respondent-RPNCHS School of the decision of Personnel and AR Department not to grant approval of appointment of the respondent No.1/writ petitioner on the premise that the said School was a deficit school receiving grant-in-aid from the Government and the reservation policy of the State would be applicable. Besides, the vacant post was not a language post but a general subject post in English. The school Management Committee was therefore instructed to advertise the post afresh. Aggrieved thereby the respondent No.1/writ petitioner approached this Court by filing writ petition under Article 226 of the Constitution of India. The learned Single Judge vide the impugned judgment allowed the writ petition in the following terms:-
'17. For the foregoing reasons, the impugned letter dated 24.03.2011 is hereby set aside. This Court further held that the reservation policy of the State of Meghalaya cannot be extended to the RPNCHS School which is an educational minority school established by the linguistic minority community in exercise of the powers guaranteed under Articles 29(1) and 30(1) of the Constitution and the State respondents are further directed to consider for approval of the said resolution dated 07.12.2008 of the Managing Committee of the RPNCHS School for appointment of the petitioner to the post of Graduate teacher (Arts) within a period of three months from the date of receipt of a certified copy of this judgment and order.'
(3.) The State of Meghalaya through Director of School Education and Literacy, East Khasi Hills District, Shillong has assailed the above judgment of the learned Single Judge in the present appeal.;
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