STEVE AUSTIN SYIEM MALNGIANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Dr. ODV Ladia, learned counsel for the petitioner as well as Mr. S Sen Gupta, learned GA appearing for the State respondents.

(2.) The petitioner has all the eligibility criteria for appointment to the post of Peon. It is also stated in the writ petition that the petitioner passed the Higher Secondary Leaving Certificate Examination in the year 2004 in 2nd Division and the petitioner also had successfully completed the course in shorthand and type writing in the year 2008 and the Principal of the Meghalaya Type Writing Institute New Kench's Trace, Shillong issued a certificate dated 31.07.2008 that the petitioner had successfully completed shorthand and type writing course.

(3.) Vide Office Order No.DHTE/ESTT/ALT/6/87/338 dated 29.07.2008, the petitioner was appointed as officiating typist in place of Smti.B Kurkalang, who was temporarily promoted to the higher post and his officiating appointment was further extended from time to time by different orders viz. order dated 29.10.2008, 17.01.2009, 22.04.2009 and 16.07.2009 respectively. Later on, the petitioner was appointed as casual employee vide order dated 19.05.2011; and the terms of his appointment as casual employee had been extended on different extension orders viz. order dated 28.01.2010, 29.04.2010, 31.05.2010, 29.06.2010, 26.08.2010, 20.10.2010, 20.12.2010, 01.03.2011 and 13.04.2011. On 11.02.2011, the Director of Higher & Technical Education, Meghalaya, Shillong had issued an advertisement dated 11.02.2011 for filling up of one post of Peon in the Office of the Director of Higher & Technical Education, Meghalaya, Shillong. In response to the said advertisement dated 11.02.2011, the petitioner and others had filed the applications for the said post of Peon. The screening test/personal interview of the candidates for the said post of Peon was held on 24.02.2011 in the Office of the Directorate of Higher & Technical Education, Meghalaya, Shillong. The result of the screening test/personal interview was published. In that result, the name of the petitioner appeared at Srl.No.5 in order of merit. The names of the five top candidates in the merit list and also their respective marks obtained in the screening test/personal interview are as follows:-