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2014 Supreme(Megh) 288
IN THE HIGH COURT OF MEGHALAYA
Uma Nath Singh, T. Nandakumar Singh, JJ.
The Secretary, Managing Committee, Selsella Higher Secondary School Meghalaya And Others - Appellant
Versus
John Pajellard K. Sangma And Others - Respondent
W.A. No. 48 of 2011
Decided on : 13-11-2014
Advocate Appeared:
For the Appellant : R. Kar, S.G. Momin, S. Bhattacharjee,
For the Respondent: K. Paul, R. Dutta, R. Paul and S. Sen
Appointments to public positions must be made in accordance with prescribed procedures and legal provisions, including the advertisement of vacancies and the essential academic qualifications for the position.
Headnote:
Appointment - Principal - Assam Aided High and Higher Secondary School Employees Rule, 1965 - Rule 4, Rule 5, Meghalaya Education Code - [Rule 4, Rule 5, Meghalaya Education Code] - The court discussed the provisions of Rule 4 and Rule 5 of the Assam Aided High and Higher Secondary School Employees Rule, 1965, and their applicability to the appointment of Principal. It highlighted the requirement of advertisement of vacancies and the essential academic qualifications for appointment to the post of Principal. The court emphasized the need for appointments to be made in accordance with the prescribed procedures and legal provisions.
Fact of the Case:
The respondent, who possessed higher qualifications, was not considered for the post of Principal in a school, and there was no advertisement of the vacancy. The court found that the appointment of the appellant as Principal was not carried out in accordance with the provisions of the Assam Aided High and Higher Secondary School Employees Rule, 1965.
Finding of the Court:
The court found that the appointment of the appellant as Principal did not comply with the legal provisions and was not sustainable in the eye of law. It affirmed the judgment of the learned single Judge and dismissed the writ appeal, directing the authorities to carry out the appointment in compliance with the procedural requirements.
Issues: The issues raised included the justification of the appellant's promotion, the reversion of the respondent to the post of Assistant Teacher, and the validity of certain memos and orders. The court focused on the compliance with the provisions of the Assam Aided High and Higher Secondary School Employees Rule, 1965.
Ratio Decidendi: The court emphasized the need for appointments to be made in accordance with the prescribed procedures and legal provisions, highlighting the requirement of advertisement of vacancies and the essential academic qualifications for appointment to the post of Principal.
Final Decision: The writ appeal was dismissed, and the authorities were directed to carry out the appointment of Principal in compliance with the procedural requirements under the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, and Assam Aided High and Higher Secondary Employees Rule, 1965, apart from following the directions as contained in the pronouncement of Hon'ble the Apex Court in Uma Devi's case.
JUDGMENT :
Uma Nath Singh, J.
1. This writ appeal has been preferred against judgment and final order dated 27-10-2011, passed by learned single Judge of the then Gauhati High Court, Bench at Shillong, whereby the writ petition of respondent was allowed, inter alia, on the grounds that the selection was not carried out in terms of the provision of the Assam Aided High and Higher Secondary School Employees Rule, 1965 (for short the Rules of 1965). The writ petitioner (respondent herein) though possessed higher qualification was not considered for the post and there was no advertisement of the vacancy. Appellant No. 1 herein is the Secretary of the Managing Committee of Selsella Higher Secondary School, West Garo Hills, whereas, appellant No. 2 is the Principal of that school, whose appointment was approved by the School Managing Committee and the Inspector of Schools. It appears that the appellant at the relevant point of time possessed the qualification of BA/B.Ed, the minimum qualification required for appointment on the post of Principal, whereas, the respondent admittedly had obtained a Master Degree in Arts. It also appears that the appellant was appointed as Principal on 23-10-2010, and the respondent at that time was working as Vice-Principal, a post which he was holding for about six years. However, after the appellant was appointed as Principal, the respondent was by a resolution dated 02-04-2011, of the Managing Committee relieved of the charge of post of Vice-Principal and was reverted to his original post of Assistant Teacher, ostensibly, on the ground that there was no vacancy of Vice-Principal in the school. As the appointment of appellant to the post of Principal was to be governed by Rule 5 of the amended Assam Aided High and Higher Secondary School Employees Rule, 1965, and there was no advertisement for the post, it was challenged by way of writ petition by the respondent. The points raised for decision before the learned single Judge were: (i) as to whether the promotion of Mr. Lowchimber W. Marak, appellant herein was justified under law; (ii) as to whether a reversion of private respondent to the post of Assistant Teacher from the post of Vice-Chancellor was violative of principles of natural justice, and (iii) as to whether the Memo dated 2nd March, 2011 and order dated 6th April, 2011 were liable to be set aside and quashed. On a careful consideration of rival submissions, learned single Judge found that Rules 4 and 5 of the Rule 1965 were applicable in the case of selection of Principal in this case. Rule 4 prescribes the method of recruitment to the post of Headmasters/Headmistresses. Sub-rule (i) of Rule 4 thus reads:
"4. Method of recruitment (1) Headmasters/Headmistresses:
(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 Board 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 make appointments after due verification and with prior approval of the Inspector of Schools concerned."
Rule 5 prescribes essential academic and other qualifications for appointment to the post of Headmasters/Headmistress and Clause (i) of Rule 5 is also reproduced hereunder:
"Academic and o
