KAMALA TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The present writ petition questions the selection and appointment of Pre-Primary Teachers, Teachers with D.El.Ed and Cluster Resource Coordinators for the post of Assistant Education Officers by issuing addendums after the notice advertising the post for selection through the process of screening-cum-interview of eligible persons as per the Sikkim Human Resource Development Department (Assistant Education Officer) Recruitment Rules, 2011. Consequently, the petitioners seek a declaration that they were successful in the interview. It also challenges the method by which the petitioners were absorbed only as Assistant Education Officers in officiating capacity and thereafter, cancelling it. Consequently, the petitioners seek a declaration that they had been absorbed vide the same notification by which they had been absorbed officially.

(2.) The 15 writ petitioners had approached this court against the State-respondent nos. 1 to 4 and respondent nos. 5 to 49 who features in the merit list after their selection in the screening-cum-interview. Respondent nos.50 to 64 were later impleaded as they were in the panel list and therefore above the names of the petitioners in the result of the screening-cum-interview.

(3.) The petitioners were working in the regular establishment of the Government of Sikkim as Primary, Graduate and Head Masters of Primary Schools under the Education Department. The petitioners were brought on deputation as Assistant Education Officers during the period 2017-2018 in officiating capacity. In the year 2018 an advertisement to select 34 posts of Assistant Education Officers was kept in abeyance.