MOSHIDUR RAHMAN PRODHANI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. K. Khan, learned Counsel for the Petitioner. Also heard Mr. N. D. Chullai, learned senior Government Advocate for the State Respondents No. 1, 2 and 3 and Mr. K. Paul, learned Counsel appearing for the Respondents No. 4 and 5. None appears for Respondents No. 6 and 7.

(2.) This writ petition has been filed under Article 226 of the Constitution of India with the following prayers:

(3.) The above prayers have been made on the basis of selection made by the Selection Committee on 26.09.2004 for recruitment of 2 (two) posts of Assistant Teacher in Arts stream in Bhaitbhari Higher Secondary School, New Bhaitbhari, West Garo Hills in which his name appears at serial No. 1. The Petitioner in spite of being topper was not appointed to the post of Assistant Teacher (Arts). There is no dispute that the Petitioner was placed at serial No. 1 in the aforesaid select list. Having denied the appointment, he demanded justice from the Respondent authorities and when he failed to get his greivances redressed, he appoached this Court by filing a writ petition viz. WP(C) No. 307 (SH) 2004 which was disposed of on 08.02.2006 with a direction to the Respondent Nos. 1 - 5 to the effect that in the event they decide to fill up the post of Assistant Teacher in the Arts stream, they should go for appointment strictly in accordance with the merit position of the candidates. In compliance with the aforesaid order of this Court, the Petitioner was appointed temporarily as Assistant Teacher in the aforesaid school for a period of 89 (eighty nine) days from the date of his joining vide order dated 26.06.2006 issued by the Inspector of Schools, West Garo Hills, Tura (Annexure IX to writ petition) and the said appointment was extended for a further period of 89 (eighty nine) days w.e.f. 28.09.2006 to 25.12.2006 vide order dated 24.10.2006 (Annexure XI to writ petition). No further extension to the aforesaid appointment was made by the authorities concerned. Thereafter, the Petitioner made a representation dated before Respondent-Director for regularization of his service. On the basis of the aforesaid representation, the Joint Director of Higher and Technical Education, Meghalaya, Shillong vide letter dated directed the Respondent-Inspector of Schools to take up the matter with the Managing Committee concerned for regularization of Petitioner's services. As nothing was done in spite of such direction from the Joint Director, Higher and Technical Education, Meghalaya, Shillong, the Petitioner again approached this Court by filing WP(C) No. 175 (SH) 2007 which was disposed of vide order dated 27.07.2007 with direction to the Respondent, particularly, Respondent No. 4, to consider the above representation and prayer of the Petitioner regarding release of arrear salary, before initiating steps for filling up the present vacancy of Assistant Teacher (Arts) in pursuance of the earlier order dated 08.02.2006 passed in WP(C) No. 307 (SH) 2004. The aforesaid order of this Court having not been complied, the Petitioner also filed the contempt petition vide COP No. 3 (SH) 2007 which was rejected as premature with liberty to approach this Court if, the orders of this Court passed in earlier writ petitions are ignored and disobeyed.