SHARON A. PAKYNTEIN AND ORS. Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) IN this writ petition, petitioners six in numbers, who are the selected candidates are praying for a direction to the State respondents to appoint them in the posts of Lower Division Assistant (for short 'LDA') in the manner the respondents No. 40, 41 and 69 had been appointed in the posts of LDA after the expiry of the valid period of the select list or quashing the appointments orders of all the private respondents in the posts of LDA beyond the number of posts advertised in the advertisement dated 04.06.2008.

(2.) HEARD Mr. S.P. Mahanta, learned senior counsel assisted by Mr. A.K. Agrawal, learned counsel appearing for the petitioners, Mr. K. Khan, learned Addl. Sr. GA appearing for the State respondents and Mr. S. Sen Gupta, learned counsel for the respondents No. 7 -71.

(3.) THE Principal Secretary to the Govt. of Meghalaya under his letter dated 16.06.2011, informed the Chairman, MPSC that the likely vacancies available taking into consideration the existing and arising in the near future is 115 and requested to take necessary action accordingly. After receiving the said letter dated 16.06.2011, the MPSC had conducted recruitment test i.e. interviews of the candidates from 11th - 15th July, 2011 for the said posts of LDA in the Meghalaya Secretariat, Shillong. The MPSC vide Notification No. MPSC/D -78/1/2007 -2008/29 dated 16.07.2011 published/declared the list of the successful candidates recommended by the Commission in order of merit for appointment to the posts of LDA in the Meghalaya Secretariat, Shillong. The said Notification dated 16.07.2011 for publishing the list of the selected candidates for the posts of LDA had mentioned that the inclusion of the candidates' names in the select list shall confer no claim for appointment unless the appointing authority is satisfied after such inquiry as may be considered necessary that the candidate is suitable in all respects subject to availability of vacancies. In the present case, as the date of publication of the select list is important, for deciding the important issue as to the valid period of the select list, the said notification of the MPSC dated 16.07.2011 (Annexure -2 to the writ petition) is quoted hereunder: -