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2014 Supreme(Megh) 92
MEGHALAYA HIGH COURT
S.R.Sen, J.
Kerlang Chyne - Appellant
Versus
State of Meghalaya and Ors. - Respondent
Writ Petition (C) No. 189 of 2011
Decided On : 21-05-2014
Mr. A. Khan for the Petitioner.
Mr. N.D. Chullai, Mr. H. Kharmih, Mr. V.G.K. Kynta, Mr. P. Nongbri/or the Respondents.
The appointment of school principals must adhere to the provisions of the relevant education acts and rules, and the constitution of a Selection Board is mandatory for such appointments.
Headnote:
Appointment - Principal - Amended Assam Aided High and Higher Secondary School Employees Rules, 1965, Section-4 and Section-5
Fact of the Case:
The petitioner, an Assistant Teacher, sought promotion to the post of Principal after the voluntary retirement of the then Principal. The respondent authorities appointed a junior teacher as Principal, bypassing the petitioner's seniority.
Finding of the Court:
The court found that the appointment of the junior teacher as Principal was illegal and in violation of the Amended Assam Aided High and Higher Secondary School Employees Rules, 1965.
Issues: Violation of rules in the appointment of Principal, Seniority of the petitioner, Interpretation of relevant education acts and rules
Ratio Decidendi: The court held that the appointment of the junior teacher as Principal was not in accordance with the rules and laws, and set aside the impugned order. The court also directed the government authorities to constitute a Selection Board for the appointment of a new Headmistress within a specified timeframe.
Final Decision: The appointment of respondent No. 7 as Principal was set aside, and the government authorities were directed to complete the process of selection for the new Headmistress within a specified timeframe.
Judgment
S.R. Sen, J:.-This instant writ petition is directed against the impugned order dated 1.04.11 passed by the respondent No. 3.
2. The brief facts of the case in nutshell are that, “the petitioner is the Assistant Teacher in Smit Higher Secondary School, Shillong and has been serving in the School since 1.06.87. The principal of the School Smti. B. Syiem sought for voluntary retirement on 27.12.06 w.e.f. 31.03.07 and consequently the post of Principal felt vacant. The Managing Committee of the School decided to fill up the post of Principal by private respondent No. 7. However, the Joint Director Higher & Technical Education, Meghalaya refused to approved the appointment of the private respondent as Principal of the School and further directed to fill up the post of Principal of the said School in terms of seniority from among the Assistant Teacher of the School. The petitioner is the senior most teacher in the School and falls within the zone for consideration for the post of Principal. However, the private respondent No. 7 has been appointed by the Joint Director, Higher & Technical Education vide impugned order dated 1.04.11. The petitioner has been arbitrarily denied promotion to the post of Principal of the Smit Higher Secondary School, Shillong being aggrieved by the letter dated 1.04.11 has preferred this instant writ petition”.
3. Mr. A. Khan, the learned counsel appeared for on behalf of the petitioner submitted that, after the voluntary retirement of the then Principal of the School, the petitioner was the senior most teacher and should have been appointed as Headmistress/Principal but the respondent authorities in violation all the rules and norms appointed the junior teacher i.e. respondent No. 7 as Headmistress/Principal of the School. The learned counsel further contended that, the petitioner joined service since 1987, so naturally she is the much more senior than respondent No. 7.
4. Mr. N.D. Chullai, the learned senior counsel appeared for on behalf of the State submitted that, this instant case is covered by the Amended Assam Aided High and Higher Secondary School Employees No. Rules, 1965 and not by the Meghalaya Board of School Education Act, 1973.
5. Mr. V.G.K. Kynta, the learned senior counsel submitted that case is covered by Meghalaya School Education Act, 1981.
6. I have perused the documents on record and on further perusal of the Meghalaya School Education Act, 1981; I do not find any provision for promotion or appointment of Headmistress/Principal. However, on perusal of the Amended Assam Aided High and Higher Secondary School Employees Rules, 1965, Section-4 and Section-5 provide Method of recruitment and Academic and other qualifications.
7. Section-4 Method of recruitment of Headmasters/ Headmistresses is reproduced herein below:
(i) “there shall be a State Selection Board consisting of the following, viz.
(a) Director of Public Instruction, Assam -- Chairman
(b) Additional Director of Public Instruction, Assam -- Secretary
(c) Inspectors of Schools concerned -- Members
(d) Two Educationists to be nominated by the Government -- Members
(ii) The Director of Public Instruction, Assam, shall ascertain from various institutions concerned well ahead of each academic year vacancies that are likely to occur during the year and advertise in at least two newspapers and also in the Assam Gazette and forward to the Selection Board the applications received together with all relevant records indicating at the same time the number of vacancies and names of the institutions involved.
(iii) The Selection shall after interview prepare a list of candidates in order of preference and shall forward the list so prepared to the Managing Committee of the Schools concerned.
(iv) The Managing Committee shall made appointments after due verification and with prior approval of the Inspector of Schools concerned.”
8. On bare perusal of method of recruitment, it is clear to me that, while appointing of Headmasters/Headmistresses, St
