SANJAY SEN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. S. Sen, learned counsel for the petitioner and Mr. N.D. Chullai, learned Sr. GA assisted by Mr. K.P. Bhattacharjee, learned GA appearing for the respondents No. 1 -4. Also heard Mr. K Ch Gautam, learned counsel for the respondent No. 5.

(2.) THIS is the second time the petitioner approached this Court relating with the appointment to the post of teacher of Ruprekha Parishad L.P. School. It is stated that the petitioner and another i.e. Shri. Sanjeet Kumar are serving as teachers in Ruprekha Parishad Day High School, which is a private school. It is the case of the parties that the Ruprekha Parishad School up to the level of Lower Primary school is a deficit school. It is also stated that there are two sanctioned posts of teachers in the Ruprekha Parishad L.P. School, which are yet to be filled up by following the procedures prescribed in the Govt. Instruction i.e. No. EDN.360/85/Pt -II/178 dated 26.04.2000 issued by the Under Secretary to the Govt. of Meghalaya, Education Department. The further case of the petitioners is that they being the senior most teachers serving in the school i.e. the Ruprekha Parishad School are expecting that they would be appointed against the sanctioned posts which fell vacant on 01.09.2009 and 01.11.2009 respectively. They had approached the Managing Committee of the school i.e. respondent No. 5 to consider their case for appointment to those sanctioned posts but their prayer was rejected on the ground that they had crossed the prescribed age limit. The petitioners having no alternative; had approached this Court by filing a joint writ petition i.e. WP(C) No. 235(SH)2009 against the present respondents.

(3.) IN the present writ petition, it is stated that inspite of the order of this Court dated 16.12.2009 passed in WP(C) No. 235(SH)2009, the respondents, even if there are vacancies in the sanctioned posts of teachers in Ruprekha Parishad L.P. School, are not taking up steps for filling up the said two vacant posts in accordance with the said Govt. Instruction. Mr. N.D. Chullai, learned Sr. GA appearing for the State respondents submits at the Bar that the Govt. had already issued the necessary instruction to the respondent No. 5 to fill up the said two vacant posts of teachers in Ruprekha Parishad L.P. School in accordance with the Govt. Instruction. Mr. K Ch Gautam, learned counsel for the respondent No. 5 also submits at the Bar that the Managing Committee had already received the necessary instruction to fill up the said two vacant posts in Ruprekha Parishad L.P. School.