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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
JUDGMENT :
W. Diengdoh, J.
1. Judgment and Order dated 20.06.2023 passed by this Court in WP(C) No. 114 of 2015 in the case of Smti. Sonia Sultana Sarker v. The State of Meghalaya and Ors. is sought to be reviewed by this instant review petition preferred by Smti Jesmin Jahir, the respondent No. 9 therein.
2. In this petition, the review petitioner has narrated the background story of the case to say that on 06.01.2015, an advertisement was brought out in the local newspaper, “The Shillong Times” issued by the Secretary, Rajabala Higher Secondary School, West Garo Hills District inviting applications for filing up the post of Asstt. Teacher (Arts) in the said school.
3. The review petitioner along with others had accordingly responded to the said advertisement and was made to appear in the interview consisting of written test as well as viva voce. She was eventually declared successful in the process and was thereafter appointed to the post with the condition that she is to acquire the requisite qualification of having a B.Ed degree within three years of her appointment, which she did so when she attained the B.Ed degree in the year 2017 and continued to work as the Asstt. Teacher for
Selected candidates do not have an indefeasible right to appointment; the state may issue new advertisements and change qualifications without legal obligation to fill prior vacancies.
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
The court ruled that the selection process for Junior Assistant posts did not violate constitutional rights, emphasizing the need for accuracy in recruitment advertisements.
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
The court upheld that a review can be granted to an aggrieved individual, including non-parties, if vital amendments affecting the case were not earlier considered.
The court emphasized that appointments made in violation of interim directions are unsustainable, reinforcing the necessity of adhering to such orders in recruitment processes.
The authority to issue recruitment advertisements for Village Agricultural Workers lies solely with the Director of Agriculture, and any deviation renders the process unlawful.
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