SUJATA GUPTA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THE questions call for decision in the present writ petition are

(2.) HEARD Mr. S Sen, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Mr. H Kharmih, learned counsel for the respondents No.1 -8. Also heard Mr. K Paul, learned counsel for the respondents No.9 & 10.

(3.) IN pursuance of the said resolution dated 17.07.1949, the minority educational institution on the basis of linguistic minority called ''Rilbong P.N. Chaudhuri, Higher Secondary School (for short 'RPNCHS School ') was established at Rilbong, Shillong, Khasi Hills District, Meghalaya. The RPNCHS School was brought under the deficit grant -in -aid system during 1989 -90 vide order bearing No.IS/Acctts/A/G -2/87 -88/14394 dated 19.08.1989 with 3 (three) sanctioned posts and presently there are 16 sixteen) sanctioned posts in the RPNCHS School. On 26.03.2008, the RPNCHS School issued an advertisement for appointment to the post of Graduate teacher (Arts) in the local daily Meghalaya Guardian dated 26.03.2008. The said advertisement reads as ''applications are invited for the post of Graduate teacher (Arts). Candidates must be BA, B.Ed. with Bengali or Hindi as vernacular subject. Applications with necessary testimonials along with IPO for Rs.20/ - should be submitted latest by 29.03.2008. Written test will be held on 31.03.2008 at 10:00 AM at the school premises - Honorary Sectary, Rilbong P.N. Chaudhuri Secondary School, Rilbong, Shillong -793004 ''. In response to the said advertisement, many eligible candidates applied for the said advertised post. The written test as well as the oral test of the eligible candidates were conducted and the petitioner was one of the two empanelled candidates for appointment to the post of Assistant teacher. The petitioner was placed at Srl.No.2 in the select list. The candidate No.1 namely, Smti. Anindita Chowdhury, as Graduate teacher was appointed. For the vacancy in the post of Graduate teacher, which would be arisen on the retirement of Shri. Santosh Kumar Deb on superannuation on 31.12.2008, the Managing Committee of RNPCHS School unanimously passed a resolution dated 07.12.2008 to appoint the petitioner as Graduate teacher and further decided that all the necessary documents relating to the said appointment should be submitted to the Inspector of School, Shillong i.e. respondent No.8. Vide letter bearing No.RPNCSS/Aptt. -08/1237 dated 09.12.2008, the Honorary Secretary of the RPNCHS School informed the respondent No.8 the impending retirement of Shri. Santosh Kumar Deb and also communicated the decision of the Managing Committee of the School to appoint the petitioner to the post of Assistant teacher. The respondent No.6 requested the school authority to submit the date of birth of the proposed candidate along with the Managing Committee resolution signed by all members of the Managing Committee. In response to the said letter, the Headmistress of the RPNCHS School vide letter dated 24.02.2009 forwarded the information to the respondent No.8 such as, matriculation certificate wherein, the petitioner 's date of birth appeared as 02.07.1977 along with the Managing Committee 's resolution dated 07.12.2008 signed by all members of the Managing Committee. Again as requested by the respondent No.7 i.e. Joint Director of School Education & Literacy, Shillong, the Honorary Secretary, Managing Committee, RPNCHS School under his letter dated 20.08.2010 furnished the list of the applicants, who responded to the newspaper advertisement dated 26.03.2008 and appeared for the interviews along with their qualifications. Ultimately, the Joint Secretary to the Govt. of Meghalaya, Education Department under his letter bearing No.EDN.117/2009/53 dated Shillong, the 24.03.2011 informed the Director of School Education & Literacy, Meghalaya, Shillong that since RPNCHS School is a deficit school, the reservation policy of the State would be applicable. Moreover, as the vacant post is not a language teacher post but a general subject post in English, the Managing Committee have to readvertise the post afresh. The said letter dated 24.03.2011 (Annexure -VIII to the writ petition) reads as follows: -