SWAGATA GHOSH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The appointment of the respondent No. 5 as the Assistant Teacher of the Anath Ashram L.P. School (hereinafter referred as the "school') against the retirement vacancy of Sri Krishna Bashak, has been challenged in this writ petition, by the petitioners. On 10.12.2009, an advertisement was made by the respondent No. 4, inviting candidature from qualified persons for a post of Assistant Teacher of the School. The last date for submission of application was 16.12.2009. In response to the said advertisement, the petitioners, the respondent No. 5 and others applied. This process was initiated to fill up the anticipated retirement vacancy of Sri Ranjit Kr. Deb, who was due to retire on 01.03.2010.

(2.) The Managing Committee of the School, in its meeting, held on 07.03.2010, constituted a Selection Committee for selecting the candidates and by its resolution, dated 25.04.2010, the Managing Committee of the School, i.e. the respondent No. 4, after receipt of the report of the Selection Committee, decided to call, those candidates, who have secured 30% and above marks in written examination, for oral interview and constituted an Interview Board of five members, for holding the oral interview. The Board, accordingly, after holding oral interview, prepared a penal of three candidates and placed the same before the respondent No. 4. The petitioners failed to qualify for the oral interview.

(3.) The respondent No. 4, on 19.09.2010, while accepting the penal of three candidates, which included the respondent No. 5 as the second selected candidate, in order of merit, took a decision to keep the said penal valid for one year, on the ground that another retirement vacancy was expected soon. Accordingly, the committee decided to move the Education Department seeking approval for appointment against two retirement vacancies.