KERLANG CHYNE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS instant writ petition is directed against the impugned order dated 1.04.11 passed by the respondent No. 3.

(2.) THE brief facts of the case in nut shell are that, "the petitioner is the Assistant Teacher in Smit Higher Secondary School, Shillong and has been serving in the School since 1.06.87. The principal of the School Smti. B Syiem sought for voluntary retirement on 27.12.06 w.e.f. 31.03.07 and consequently the post of Principal felt vacant. The Managing Committee of the School decided to fill up the post of Principal by private respondent No. 7. However, the Joint Director Higher & Technical Education, Meghalaya refused to approved the appointment of the private respondent as Principal of the School and further directed to fill up the post of Principal of the said School in terms of seniority from among the Assistant Teacher of the School. The petitioner is the senior most teacher in the School and falls within the zone for consideration for the post of Principal. However, the private respondent No. 7 has been appointed by the Joint Director, Higher & Technical Education vide impugned order dated 1.04.11. The petitioner has been arbitrarily denied promotion to the post of Principal of the Smit Higher Secondary School, Shillong being aggrieved by the letter dated 1.04.11 has preferred this instant writ petition".

(3.) MR . ND Chullai, the learned senior counsel appeared for on behalf of the State submitted that, this instant case is covered by the Amended Assam Aided High and Higher Secondary School Employees Rules, 1965 and not by the Meghalaya Board of School Education Act, 1973.