DONBERD SANGMA Vs. STATE OF MEGHALAYA & ORS.

JUDGEMENT

(1.) I have heard Mr. UK Nair, learned counsel appearing on behalf of the petitioner and Mr. H. Kharmith, learned Govt. Advocate appearing on behalf of the State respondents.

(2.) The petitioner, herein, joined as acting Principal of the Captain Williamson Memorial College, Baghmara, on 09-03-1993. On 21-05-1999, ad hoc grant-in-aid to the said College was sanctioned. On 29-11-2003, the Deputy Commissioner, South Garo Hills, in his capacity as Chairman of the College, appointed the petitioner as full-fledged Principal of the College and regularised his service with effect from 01-02-1999. On 13-08-2007, 'permanent affiliation' was granted to the College by North Eastern Hill University, Shillong. Vide Notification dated 18-02-2009, the College was provincialized. In the said notification, it is indicated that the post of Principal will be filled up according to usual norms of seniority from amongst the cadre of Government College Teachers in the State. Aggrieved by the said clause of notification, the petitioner along with other teachers submitted representations to the Commissioner & Secretary to the Govt, of Meghalaya, Shillong for reconsideration/modification of the conditions set in the notification. But the respondent authority issued another notification dated 16-08-2011, whereby, the petitioner was absorbed in the post of Lecturer in History instead of the Principal, The notification dated 16th Aug., 2011 speaks "the Governor of Meghalaya is pleased to order the absorption/appointments of the following persons as Lecturer on "as is where" is basis immediately before the takeover provincialisation of the said Captain Williamson Memorial College, Baghmara.

(3.) Captain Williamson memorial College, Baghmara was provincialized vide notification dated 18th Feb., 2009 with certain conditions. The Clause-1 of the said condition reads:-