The main legal point established in the judgment is the requirement for impartiality and absence of bias in the appointment process, as any likelihood of bias can vitiate the appointment.

Judgment

1. In this writ petition, the petitioner is assailing the order dated 28.08.2012 for appointing the respondent No. 8 Smti. Loma Nora Jyrwa as Mission Director under the State Resource Centre for Women on contract basis for initially a period of one year w.e.f. from the date of her joining, for that, one of the Members of the Departmental Selection Committee, on the recommendation of it, the respondent No. 8 had been appointed as Mission Director, more particularly, the Director of Social Welfare Department, Govt. of Meghalaya is mala fide and biased. Heard Mr. HS Thangkhiew, learned senior counsel assisted by Mr. N. Mozika, learned counsel for the petitioner and Mr. S.P. Mahanta, learned Addl. Advocate General, Meghalaya assisted by Mr. S. Sen Gupta, learned counsel for the State respondents. Also heard Mr. R. Gurung, learned counsel for the respondent No. 8.

2. Factual backgrounds:-On 08.03.2010, the Govt. of India launched the National Mission for Empowerment of Women for the purpose of empowerment of women socially and educationally. At the National level, the Mission has a National Mission Authority under the Chairmanship of the Prime Minister and is assisted by the Mission Directorate and the National Resource Centre for Women. At the State level, the Mission envisages setting up of State Mission Authority under the Chairmanship of the Chief Minister who will be provided the requisite support by the State Resource Centre for Women. The Govt. of India under the letter of the Secretary, Ministry of Women and Child Development Department, Govt. of India being letter No. D.O. No. 4-2/2010-WW dated 05.04.2010 informed the State Govt. about the Mission and also requested for initiation of the process for notifying the State Mission Authority at the earliest. The Ministry of Women & Child Development Department, Govt. of India, vide D.O. letter dated 22.04.2010 and the D.O. letter dated 25.05.2010, requested the State Govt. to constitute a State Resource Centre for Women (for short "SRCW") for operationalising the National Mission for Empowerment of Women. The Central Govt also prescribed the constitution of State Resource Centre for Women which is to comprise of a Project Advisor and a State Co-ordinator and other support staff. The Central Govt. laid down the qualifications, skills and experience etc. for selection of candidates for appointment to the said posts of Project Advisor and State Co-ordinator in the SRCW. This case is concerned with the post of Project Advisor and the qualifications and experience etc. for selection of the candidate for appointment to the post of Project Advisor are:-

3. The maximum age limit for the candidates for the post of Project Advisor is 50 years and the qualifications are Master's Degree in Social Work/Economics/Women's Studies/Law/Governance/and any other related field. Ph.D. in relevant field is desirable. Pursuant to the said letters of the Govt. of India, the respondent No. 5, the Deputy Secretary, Social Welfare Department, Govt. of Meghalaya, Shillong, under his letter dated 09.12.2011, informed the respondent No. 2, the Union of India about the approval of the Govt. of Meghalaya for setting up of SRCW, but for the reasons best known to the respondents, the respondent No. 5 under the said letter dated 09.12.2011, had informed the Central Govt. that for the State Resource Centre for Women i.e. SCRW, it should have a Mission Director in place of the Project Advisor with the same consolidated fees of Rs. 50,000/- pm as applicable to the post of Project Advisor.

4. The Project Advisor is to head the SRCW under the State Centre Mission i.e. National Commission for Women Empowerment at the State level and as such, the Project Advisor is the most important and essential concomitant of the Mission at the State level. In response to the said letter of the respondent No. 5, the Executive Director, National Mission for Empowerment of Women and National Resource Centre