NELSON KHARBANI Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) HEARD Ms. R. Paul, learned counsel for the appellants and Mr. ND Chullai, learned Sr. GA assisted by Mr. R. Gurung, learned GA appearing for the respondents.

(2.) THESE two writ appeals challenging the order of the learned Single Judge dated 24.10.2013 passed in WP (C) No. 174/2013 filed by the appellant Shri. Nelson Kharbani and judgment and order of the learned Single Judge dated 24.10.2013 passed in WP (C) No. 175/2013 filed by the appellant Shri. Elwin Harris Kharshiing, are jointly heard for being disposed of by a common judgment and order. By an order of this Court dated 21.05.2015, learned counsel appearing for the parties were permitted to file their written arguments within two weeks. The respondents had filed their written arguments. The appellants, inspite of giving two weeks' time for filing their written arguments, have not filed their written arguments. The writ petitions had been filed praying similar relief basing on similar questions of fact and law. The relief sought for in WP (C) No. 174/2013 is quoted hereunder: -

(3.) ON perusal of the relief sought for in the said two writ petitions i.e. WP (C) No. 174/2013 and WP (C) No. 175/2013, it appears that the appellants filed the writ petitions challenging the extension of validity period of the select list dated 07.09.2010 beyond one year and prayed for quashing the said select list dated 07.09.2010. The appellants/writ petitioners are not the selected candidates under the said select list dated 07.09.2010 and also the appellants/writ petitioners did not appear the selection test for appointment to the post of MPS/MCS conducted by the Meghalaya Public Service Commission (for short 'MPSC') in pursuance of the advertisement dated 22.11.2006. Since the said two writ petitions had been filed on the similar questions of fact and law, in order to avoid repetition of fact, the fact of the case of WP (C) No. 174/2013 is briefly noted. The respondent No. 4 MPSC in the year 2001 had issued an advertisement on 15.05.2001 for recruitment to 14 posts of MPS by direct recruitment. In response to the said advertisement dated 15.05.2001, the petitioner and others had applied for the said 14 posts of MPS officers. After completing the test, the select list of 32 (thirty two) selected candidates was also prepared and published on 22.12.2003. In that select list published on 22.12.2003, the name of the writ petitioner Shri. Nelson Kharbani appeared at No. 24 and the name of the writ petitioner of WP (C) No. 175/2013 Shri. Elwin Harris Kharshiing appeared at Sl. No. 30. Out of the said select list consisting of 32 (thirty two) selected candidates, 25 (twenty five) selected candidates had given appointments as MPS officers. But the writ petitioners were not appointed. Being aggrieved, the writ petitioner of WP (C) No. 174/2013 filed WP (C)(SH) No. 402/2004 before the erstwhile Gauhati High Court challenging the decision of the State Govt. for not appointing him to the post of Meghalaya Police Service (for short 'MPS'); the said writ petition i.e. WP (C) (SH) No. 402/2004 was subsequently withdrawn by the writ petitioner on assurance being given by the respondents. However, when the same did not materialize, the petitioner again filed another writ petition i.e. WP (C)(SH) No. 269/2008, which was dismissed by this Court (Single Bench) in merit vide order dated 28.10.2009. After the dismissal of the said writ petition i.e. WP (C) No. 269/2008, the petitioner filed another writ petition i.e. WP (C) (SH) No. 349/2012, which was disposed of on 11.02.2013 at the Motion stage. It is stated that under the said order of this Court dated 11.02.2013, the respondent No. 1 was directed to consider the representation of the petitioner and to dispose of the representation within a month from the date of the order i.e. 11.02.2013 and also directed the Registry to furnish the copy of the said order to the learned Advocate General within 48 hours, who shall in turn communicate the matter to the concerned respondent. As the respondent No. 1 did not dispose of the said representation within the period stipulated above under the said order of this Court dated 11.02.2013, the petitioner filed Contempt Case No. 6 (SH) 2013, which was disposed by granting liberty to the petitioners to file a proper petition. It is also stated that the judgment and order of this Court (Single Bench) dated 28.10.2009 for dismissing the second writ petition i.e. WP (C) No. (SH) 269/2008 was also affirmed by the Division Bench of this Court vide judgment and order dated 14.06.2011 by dismissing the writ appeal i.e. WA (SH) No. 56/2010 filed against the said judgment and order of the learned Single Judge dated 28.10.2009.