SENGSIME A. SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) PETITIONERS , five in numbers, are assailing the list of the selected candidates i.e. the private respondents No.3 -12 vide Notification No.MPSC/D -3/1/2011 -2012/23 dated 06.05.2013 furnished to the State Govt. under the letter of the Secretary, Meghalaya Public Service Commission (for short 'MPSC ') dated 21.05.2013 for appointment to the posts of Lecturers in Garo in Govt. colleges under the Education Department, Govt. of Meghalaya on amongst other reasons (i) selected candidates, are not eligible for appointment to the posts of  Lecturers in Garo; (ii) essential eligibility criteria for appointment to the posts of Lecturers in Garo cannot be relaxed through correspondences between the Education Department, Govt. of Meghalaya and the Secretary, MPSC long after cut -off date for determining the eligibility criteria of the candidates for the posts of Lecturers in Garo; (iii) there is no provision for relaxation in the concerned advertisement dated 21.08.2012 for the posts of Lecturers in Garo; (iv) in absence of power of relaxation, relaxation of the essential criteria for the posts of Lecturers in Garo advertised in the advertisement dated 21.08.2012 cannot be relaxed on humanitarian ground (v) if the essential qualifications of the candidates for the posts of Lecturers in Garo are relaxed, there should be re -advertisement for the posts of Lecturers in Garo mentioning the relaxed qualifications, so as to enable the candidates eligible under the relaxed qualifications may apply for the posts, and (vi) once the selection process started, there cannot be relaxation of the essential qualifications in the midst of the selection process, that too, it cannot be through official correspondences, which cannot be given effect to unless and until, those are communicated to the persons or candidates, who could apply for the post under the relaxed qualification.

(2.) HEARD Mr. VK Jindal, learned senior counsel assisted by Mr. S. Dey, learned counsel for the petitioners and Mr. ND Chullai, learned Sr. GA assisted by Mr. KP Bhattacharjee, learned GA appearing for the respondent No.1., Shri B. Khyriem, learned counsel for the respondent No.2 . Also heard Mr. Mr. HS Thangkhiew, learned senior counsel assisted by Mr. N Mozika, learned counsel appearing for all the private respondents.

(3.) THE respondent No.2 issued an advertisement No.MPSC/ADVT -38 -1/2012 -2013/49 dated 21.08.2012 in the Garo Daily Edition ''Salantini Janera '', Tura dated 27.08.2012 inviting applications in the prescribed form from the eligible candidates for 10(ten) posts of Lecturers in Garo in Govt. colleges under the Education Department, Govt. of Meghalaya. The last date for submission of form was 5:00pm of 21.09.2012. Under the said advertisement dated 21.08.2012, the upper age limit was 30 years with usual relaxation for SC/ST candidates and the essential qualifications for the posts of Lecturers are clearly mentioned in Para 2 Srl.No.3 of the advertisement dated 21.08.2012. It is also pertinent to mention herein that there is no provision for relaxation of the essential qualifications for the posts of Lecturers in Garo nor the power for relaxation of the essential qualifications of the candidates is indicated in the said advertisement dated 21.08.2012. Para 2 Srl.No.3 of the said advertisement dated 21.08.2012 is quoted hereunder: -