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W. DIENGDOH
Ibringstar Mawlong – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
W. Diengdoh, J. - Heard Mr. S.K. Roy, learned counsel for the petitioner who has submitted that this petition has been preferred being aggrieved by the action of the respondent No. 5 who has passed the impugned order dated 25.01.2017 whereby the service of the petitioner as an Asst. Teacher of Nonglyer L.P. School was terminated.
2. The learned counsel has submitted that the petitioner was recommended for appointment as Asst. Teacher in the said Nonglyer L.P. School, Nongthliew, Mairang, West Khasi Hills District by the Managing Committee of the School and the same received the approval of the competent authority, that is, the Office of the Deputy Inspector of School, Mairang Civil Sub-Division with the issuance of the Order dated 13.09.2010.
3. It is also mentioned that the appointment of the petitioner in the said school was necessitated upon the removal of the respondent No. 6 as teacher of the said school due to his conviction in a criminal case. This fact was informed by the Managing Committee in its letter dated 08.09.2010 to the Inspector of School, West Khasi Hills Nongstoin/respondent No. 3 whereupon vide order dated 13.09.2010 the Deputy Inspector of School, Mairang
Temporary employment does not confer permanent rights; due process must be followed for termination, and qualifications per NCTE norms are essential for teacher appointments.
The Education Officer's order cancelling the approval to the petitioner's appointment was illegal and led to the petitioner's wrongful termination, warranting the court's intervention and relief to t....
The main legal point established is that routine affairs of an institution, including appointments and approvals, should be considered independently of disputes in management.
The central legal point established in the judgment is that the petitioner, as a teacher in a private school, was entitled to receive salary and continuity of service for the period she worked, and t....
Point of Law - In view of the above provisions of the Act, 1972 it emerges that due to fault of the management of the School the petitioner cannot be penalized by not granting the protection under Se....
A temporary employee cannot claim permanence or reinstatement without valid appointment documentation under the MEPS Act, particularly if service is abandoned without proper leave.
Appointments must comply with stipulated qualifications; hence, prior erroneously granted approvals may be reversed to ensure adherence to legal standards.
The termination of the teacher was unlawful as it violated principles of natural justice, and the appointment was validly made under due process against a clear vacancy reserved for Scheduled Tribe.
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