ERWIN B. KYNDIAH AND ORS. Vs. SHARON A. PAKYNTEIN AND ORS.

JUDGEMENT

(1.) THE appellant's case in a nut shell is that "Meghalaya Public Service Commission (MPSC) had issued an advertisement dated 04.06.2008 inviting applications for recruitment to 32 posts of LDA in the Meghalaya Secretariat. In response to the advertisement dated 04.06.2008, the appellants, the private respondents and the proforma respondents and others submitted their applications. The Respondent No. 2 vide letter dated 16.06.2011 informed the Chairman, MPSC that the likely vacancies available taking into consideration the existing vacancies and vacancies likely to arise in the near future was 115 and requested to take necessary action accordingly. Thereafter, the MPSC conducted the selection process and vide Notification No. MPSC/D -78/1/2007 -2008/29 dated 16.07.2011 prepared the select list containing names of 126 selected candidates in order of merit. Thereafter, vide letter No. MPSC/D -78/1/2007 -2008/30 dated 20.07.2011 the Secretary, MPSC wrote to the respondent No. 9 (Under Secretary, Secretarial Administration Department) mentioning therein the names of 126 selected candidates in order of merit for appointment to the post of LDA. The appellants' names were mentioned at serial Nos. 56 and 57 in the said select list.

(2.) THE validity of a select list prepared and submitted by the MPSC to the State Government is normally considered to be one year. However, in view of the fact that on a number of occasions the dates of preparation of select list by MPSC and date of submission of the select list by MPSC to the State Government had been different, vide Letter No. PER(AR)193/78 dated 23rd July 1974, the Special Officer to the Government of Meghalaya, Personnel Department had conveyed to all Administrative Departments and Heads of Departments in the State Government that, "the recommendation of the Meghalaya Public Service Commission for appointment to the posts and services under this Government shall be remain valid for a period of one year with effect from the date of its submission by the Government."

(3.) IN the instant case, the MPSC had prepared the select list vide Notification dated 16.07.2011 but had submitted to the Government vide letter dated 20.07.2011. As such in view of the letter dated 23rd July 1974, the said select list was valid for one year from the date of submission. Since the date of submission by MPSC was 20.07.2011, as such the select list was valid till 19.07.2012. After the said select list was received the State respondents made appointments of 111 candidates vide various appointment orders dated 27.10.2011, 20.12.2011, 20.03.2012, 29.05.2012, 05.07.2012, and 18.07.2012. Vide the last appointment order that is appointment order No. SAE. 20/2008/355 -A dated 18.07.2012, three candidates including the appellant No. 1 (at sl No. 56) and appellant No. 2 (sl No. 57 in the select list) were appointed. In view of the fact that out of 126 candidates recommended the State respondents could only appoint 111 candidates; the Government had requested MPSC to validate the list for one more year. However, the MPSC did not agree to the proposal and as such the select list communicated by MPSC vide letter dated 20.07.2011 expired on 19.07.2012.