SHININGSTAR WARJRI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) In this writ petition, the Petitioner is aggrieved by the refusal of the State-Respondents to appoint him as an Assistant Teacher of Kynshi Mawria L.P. School on the basis of the select list dated 14.6.2005 prepared by the Director of Elementary and Mass Education, Meghalaya.

(2.) These are the material facts. The State- Respondents advertised three posts of Assistant Teachers for three different schools on 14.5.2004. Out of these three posts, the Petitioner applied for the post of Kynshi Mawria Government L.P. School. The written examination was conducted on 15.7.2004 while the personal interview was conducted on 30.8.2004. On the basis of the recruitment examination, the Petitioner stood first and it was recommended by the Deputy Inspector of Schools (Respondent 5) for his appointment in order of merit vide the letter dated 14.6.2005 issued by the Director of Elementary and Mass Education, Meghalaya (Respondent 3). The particulars of the marks obtained by the candidates for the post of Assistant Teacher for Kynshi Mawria Govt. L.P. School as furnished by the Joint Director of Elementary and Mass Education, Meghalaya is found at Annexure- III to the writ petition, which is reproduced hereunder: <FRM>JUDGEMENT_927_GAULT4_2010_1.html</FRM>

(3.) It appears that when there was delay in offering appointment to the Petitioner, he filed a resantation to the Respondent No. 3 for his appointment on the basis of the select list prepared by him, but the same proved futile. To the astonishiment of the Petitioner, he was informed by the Special Officer to the Government of Meghalaya. Education Department in his letter dated 27.11.2006 that the marit list prepared by the Respondent No. 5 could not be acted upon as 150 marks allotted to each of the five members of the Personal Interview Board thereby making it a total of 750 marks for personal interview was on the high side and that the Total Marks obtained for Personal Interview had been worked out by the Directorate at 50 and thus the final marks obtained by the candidates is as indicated below: