HOLLAND WANNIANG Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) Heard Mr. K. Khan, learned Counsel appearing for the petitioner. The respondents are represented by Ms. N.G. Shylla, learned Government Advocate.

(2.) In pursuant to the advertisement published on 20.2.2004 by the Managing Committee of the Bhaitbari Higher Secondary School, West Garo Hills, Meghalaya (respondent No.4) (hereinafter referred to as "the School') for 2 vacant posts of Assistant Teachers in Science and Arts stream, selection was held and a select list was notified by the Secretary of the School on 26.9.2004 (Annexure-A4). The petitioner was enlisted in the 1st position for the post of Arts teacher and since appointment was given only to the selected Science teacher, WP(C) 307 (SH)/2004 was filed by the petitioner, seeking a direction for his appointment as an Assistant Teacher (Arts) in the School.

(3.) After referring to the provisions of Sub-Rule 3 of Rule 4 of the Assam Aided High & Higher Secondary School and Employees Rules, 1965 (hereinafter referred to as the Rules), which provides that the Director of Public Instruction (the DPI) is empowered to prepare a select list and recommend appointment from the said select list to the Managing Committee of the concerned Schools, this Court on 8.2.2006 disposed of the writ petition by directing that if the post of the Assistant Teacher in the Arts stream is to be filled up, the appointment shall be made strictly in accordance with merit. Significantly, the Court didn't say that appointment is to be given on the basis of the merit position in the select list dated 26.9.2004, prepared by the School Managing Committee.