SISTER ISABELLA KYRSIAN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 10.02.2015 as passed in WP(C) No.111 of 2013 whereby, the learned Single Judge of this Court has dismissed the writ petition filed by the petitioner/appellant on her grievance against the order dated 02.04.2013 removing her from the post of Principal of the respondent No.3-St. Mary's College, Shillong.

(2.) It is noticed that essentially, the contention of the petitioner/appellant before the learned Single Judge had been that the impugned order of removal was passed by the respondents No.3 and 5 in an entirely illegal manner without any notice and without affording her an opportunity of hearing. The petitioner/appellant also contended that it was not a case of removal simpliciter but her removal was based on several allegations; and such an order, being stigmatic in character, could not have been passed without holding proper enquiry. It was also the case of the petitioner/appellant that without even serving with a copy of removal order, she was divested of her office and was forcibly removed from the college.

(3.) The learned Single Judge, however, proceeded to dismiss the writ petition essentially on the consideration that the initial appointment of the petitioner/appellant was itself illegal for non-compliance of the requirements of the Assam Aided Colleges Employees Rules, 1960 ('the Rules of 1960') inasmuch as she was not appointed after the recommendation of a duly constituted selection board. The learned Single Judge also observed that there had been allegations of the illegalities committed by the petitioner/appellant for which, she was indeed given an opportunity to submit explanation and to show cause but she did not avail of the opportunity so extended by the respondents. The learned Single Judge also took view that the initial order of appointment of the petitioner/appellant itself being bad in law, setting aside of the order of her removal would only result in revival of the initial illegal order; and that being impermissible in law, the petitioner/appellant was not entitled to the relief claimed.