BINAYAK DUTTA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By means of this writ petition, the petitioner has prayed for a direction to the respondents to pay him pay and allowances in the UGC scale of pay for the period from 24.3.2005 to 29.9.2007, during which he served as Lecturer in the department of History of St. Edmunds' College, Shillong pursuant to his selection and appointment for the said post.

(2.) The basic facts involved in this proceeding are all admitted. The petitioner, who has brilliant academic record to his credit had responded to the advertisement dated 10.3.2005 inviting applications for the post of Lecturer in History in the St, Edmunds' College. In due course, the selection was conducted and the petitioner was selected for appointment as the first nominee. Although he was a appointed by the college authority, but the Government of Meghalaya did not approve his appointment as is required under the prevalent practice.

(3.) In view of the aforesaid refusal to accord approval, the petitioner made representations followed by legal notice, to which the Director of Higher Education, Meghalaya furnished his reply vide Annexure-7 letter dated 19.2.2008. By the said letter, it was conveyed that the appointment of the petitioner as Lecturer in History department in St. Edmunds' College could not be approved in view of the fact that the reservation policy of the State Government was applicable in the matter of appointment of teaching staff.