FERISHA PHALLEY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) WHEN the State fails to make its writ run in accordance with its administrative decisions and policies, it is but natural that it may fail to safeguard and protect the interest of those citizens, whose interest it aimed at protecting by its such administrative decision and policies. Obviously, casualty of such a dreadful situation will be the cause of justice. The present one is one of such few unfortunate cases.

(2.) BY this application made under Article 226 of the Constitution of India, the petitioner, a helpless woman, who has been helplessly running from pillar to post to retain her appointment as an Assistant teacher in Government Lower Primary School in the Garo Hills Autonomous district, following abysmal failure of the State to make its writ run over the Government Lower Primary School in the said Autonomous district, has approached this Court for obtaining necessary reliefs.

(3.) THE private respondents including the managing committee of Upper Chandmary Government L P School have been chosen not to contest this case. The State respondents, namely, respondent Nos. 1, 2 and 3 have, however, contested this case by filing their affidavit -in -opposition, their case being, briefly stated, thus : As the Mother Union English L P School refused to hand over its assets to the Government, the said school remained a non -governmental school, but the respondent No. 2 erroneously accorded approval for transfer of the petitioner to Akhonggiri L.P. School without taking into consideration the fact that under the said Act, only those teachers, who were appointed before 22.7.1980, could have been considered for transfer to, and absorption in, Government L.P. Schools in the said autonomous district inasmuch as by notification issued under Section 4 of the said Act, State Government had fixed 22.7.1980 as the cut off date in respect of the said autonomous district and since the petitioner was appointed in Mother Union English L.P. School as a teacher, initially, on 21.7.1982, her appointment was long after the cut off date fixed by the State Government. As the respondent No. 2 had, without taking this aspect of the matter into consideration, approved transfer of the petitioner from Mother Union English L.P. School to Akhonggiri L.P. School, the said transfer did not vest any substantiative right in the petitioner to claim retention as a teacher in any Govt. L P School. Since the petitioner, according to her service records, was born on 17.10.1961, it is clear that when she was appointed as an assistant teacher of Upper Chandmary L.P. School, Tura, she was already 40 years of age, whereas the qualifying age for appointment as teacher in L.P. Schools is between 18 and 27 years. The appointment of the petitioner as a teacher of upper Chandimary school was, thus, a fresh appointment and since she was appointed, when she was above the prescribed age. State, respondents had no option, but to cancel her appointment. Such bona fide mistake on the part of the respondent Nos. 2 and 3 did not vest in the petitioner any right to claim appointment as a teacher of L.P. School, in the said autonomous district. The respondents have, therefore, prayed for dismissing the writ petition.