THE SECRETARY, MANAGING COMMITTEE, SELSELLA HIGHER SECONDARY SCHOOL MEGHALAYA AND ORS. Vs. JOHN PAJELLARD K. SANGMA AND ORS.

JUDGEMENT

(1.) This writ appeal has been preferred against judgment and final order dated 27-10-2011, passed by learned Single Judge of the then Gauhati High Court, Bench at Shillong, whereby the writ petition of respondent was allowed, interalia, on the grounds that the selection was not carried out in terms of the provision of the Assam Aided High and Higher Secondary School Employees Rule, 1965 (for short the Rules of 1965). The writ petitioner (respondent herein) though possessed higher qualification was not considered for the post and there was no advertisement of the vacancy.

(2.) Appellant No.1 herein is the Secretary of the Managing Committee of Selsella Higher Secondary School, West Garo Hills, whereas, appellant No.2 is the Principal of that School, whose appointment was approved by the School Managing Committee and the 3 Inspector of Schools. It appears that the appellant at the relevant point of time possessed the qualification of BA/B.Ed, the minimum qualification required for appointment on the post of Principal, whereas, the respondent admittedly had obtained a Master Degree in Arts. It also appears that the appellant was appointed as Principal on 23-10-2010, and the respondent at that time was working as Vice Principal, a post which he was holding for about six years. However, after the appellant was appointed as Principal, the respondent was by a resolution dated 02-04-2011, of the Managing Committee relieved of the charge of post of Vice Principal and was reverted to his original post of Assistant Teacher, ostensibly, on the ground that there was no vacancy of Vice Principal in the School. As the appointment of appellant to the post of Principal was to be governed by Rule 5 of the amended Assam Aided High and Higher Secondary School Employees Rule, 1965, and there was no advertisement for the post, it was challenged by way of writ petition by the respondent. The points raised for decision before the learned Single Judge were : (i) as to whether the promotion of Mr Lowchimber W Marak, appellant herein was justified under law; (ii) as to whether a reversion of private respondent to the post of Assistant Teacher from the post of Vice Chancellor was violative of principles of natural justice, and (iii) as to whether the Memo dated 2nd March 2011 and order dated 6th April, 2011 were liable to be set aside and quashed.

(3.) On a careful consideration of rival submissions, learned Single Judge found that Rule 4 and 5 of the Rule 1965 were applicable in the case of selection of Principal in this case. Rule 4 prescribes the method of recruitment to the post of Headmasters/Headmistresses. Sub-Rule (i) of Rule 4 thus reads