SILJAK R. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Respondent No. 2 MPSC vide Notification No. MPSC/ADVT-38/1/2014-2015/50, dated 24.03.2015 invited applications for recruitment to the various categories of posts as specified therein, which included 10 posts of Lecturer in Garo required to be filled in Government Colleges of Meghalaya. Amongst the others, petitioner as well as respondent No. 4 appeared in the written examination. Vide Notification No. MPSC / Ex - C / 12 / 2015 - 2016 / 8 dated 06.05.2016, the candidates in the ratio of 1:3 in order of merit were called for Interview held on 26th and 27th May 2016, petitioner not having made the grade has not been included therein. Aggrieved whereof, petitioner filed the instant petition. While considering the prayer for interim relief vide order dated 26.05.2016 one post was directed to be kept vacant.

(2.) Respondent No. 4 later on impleaded as party, had separately filed WP(C) No. 231 of 2017 with a prayer to direct the respondents therein to appoint the petitioner to the vacant post of Lecturer in Garo on regular basis pursuant to selection declared vide Notification dated 30.05.2016 issued by the MPSC in terms whereof, 10 candidates including the petitioner (Smt. Nikme Rechil Marak) were recommended for appointment. Other 9 candidates figuring at Sl. Nos. 1 to 9 in the Notification were appointed whereas, the petitioner Smt. Nikme Rechil Marak figuring at Sl. No. 10 was not appointed, obviously for the reason that an interim direction was passed, in the petition filed by Smt. Siljak R. Marak, for keeping one post vacant, this is how both two petitions have been clubbed, as such have come up for hearing.

(3.) Learned counsel for the petitioner in WP (C) No. 170 of 2016 would submit that basically, the petitioner was appointed as Lecturer in Garo vide Notification dated 08.11.2011 subject to discharge without notice but subsequently, she was selected for being permanently appointed but that selection process was quashed vide judgment dated 07.05.2014 passed in WP(C) No. 341 of 2013. The said judgment was affirmed in appeal, thereafter, it was not further challenged. As a result whereof, MPSC issued Notification for filling up the various posts which included 10 posts of Lecturer in Garo, petitioner also admittedly participated in the process.