Temporary employment does not confer permanent rights; due process must be followed for termination, and qualifications per NCTE norms are essential for teacher appointments.

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 Civil Sub-Division has confirmed the termination of the respondent No. 6.

4. Following the termination from service of the respondent No. 6, the Managing Committee of the School vide order dated 08.09.2010 has appointed the petitioner in his place. The approval of such appointment was made by the Deputy Inspector of School, Mairang vide order dated 13.09.2010.

5. The learned counsel has further submitted that the petitioner was performing his duty as teacher of the said school diligently without any complaint from any quarters. However, after seven years of serving in the said school, he was surprised to receive the order dated 25.01.2017 issued by the respondent No. 4/Sub-Divisional School Education Officer, Mairang whereby by such order the appointment made by the Managing Committee, Nonglyer L.P. School vide order dated 19.01.2017 to reinstate Shri. Dwik Lyngdoh/respondent No. 6 as teacher of the said school was approved. In the selfsame order, the service of the petitioner was terminated with effect from the date of joining of the said respondent No. 6.

6. The petitioner being aggrieved with the passing of the said order dated 25.01.2017 whereby his service as Asst. Teacher was terminated, he has accordingly filed a representation dated 29.06.2017 and 21.11.2017 before the I/c Sub-Divisional School Education Officer, Mairang with a prayer to revoke the impugned order but till the time when this petition was filed no response was received in regard thereto.

7. It is also the submission of the learned counsel for the petitioner that the Managing Committee had recommended the reinstatement of the petitioner as a teacher of the said school but the same was not approved by the respondent No. 4.

8. The action of the respondents authorities is clearly a case of violation of the principle of natural justice as the petitioner was never given any opportunity to be heard or to file a show cause against the said impugned termination order, even the provision of Rule 5 of the 'Service Rule for Employees of Government Aided Schools' under the 'Meghalaya Education Code' was not followed, which rule speaks of penalties which may be imposed on an employee of an aided school by the Managing Committee for good and sufficient reasons, but as per proviso 1 of the same, what is provided is that:

'(1) None of these penalties shall be imposed on an employee of an aided school until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him;'

9. To further stress on the fact that the termination of the petitioner was done without following due procedure as has been pointed out above, that is, that it was not done in accordance with the provision of rule 5 of the 'Service Rule for Employees of Government Aided Schools',