WA-I-SA SUMER Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This writ petition has been filed for recall of impugned notification dtd. 11/12/2012 whereby under the Meghalaya School Education Service Rules, 2012, the State-respondents have prescribed the proportion for filling up of vacancies under Junior Grade-II service from amongst the categories of Vice-Principal/Assistant Headmaster/Assistant DAEOs at 75 per cent and from Assistant Lecturer at 25 per cent.

(2.) The writ petitioners herein, are all direct recruits to the post of Assistant Lecturer and their services are governed by the Meghalaya School Service Rules, 2012. Under these Rules the service comprises of 'Senior School Service' and 'Junior School Service'. For the purposes of this case what is relevant, is the Senior School Service, which comprises of Grade-I and Grade-II. The petitioners belong to Senior Grade-I category along with the Vice-Principal/Assistant Headmaster etc. and having served for a number of years are eligible for promotion to the next higher post in Junior Grade-II under the Meghalaya School Education Service Rules, 2012.

(3.) The writ petitioners' main grievance is with the classification of the Senior Grade-I into two groups for the purposes of appointment/promotion, and by the prescription of percentage or quota, of persons to be promoted from amongst these two categories which they contend is violative of Articles 14 and 16 of the Constitution of India.