Meghalaya High Court quashes order that cancels teacher's appointment

Meghalaya High Court quashes order that cancels teacher’s appointment

By - Admin 29 May, 2018 Comments (0) 2 Mins Read

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Shillong, May 29: The Meghalaya High Court has quashed a letter issued by the Sub-Divisional School Education Officer (SDSEO), Shillong for cancelling the appointment of a teacher in a lower primary school.

In an order passed on Tuesday, the Court said, â€œFor the stated reasons and circumstances, petition succeeds, communication impugned dated 19.04.2018 shall stands quash. Suffice it to say that if any complaint is pending, same shall be considered in accordance with law.â€

The petition which was also disposed of, was filed by one Brightstarwell Kharsahnoh, who was appointed as an assistant teacher at Mawiong LP School, Mawryngkneng by the SDSEO, Shillong on March 9, this year.

The Court said that it appears that some aggrieved candidates filed complaint against the appointment of the petitioner, as a result whereof Deputy Director of School Education & Literary, Meghalaya, Shillong vide communication dated April 16 conveyed to SDSEO, Shillong, that he is under direction to inform that status quo be maintained for the time being with regard to the appointment of assistant teacher at the school.

It also said that the April 16 -communication appears to have been misconstrued by the SDSEO, Shillong, who vide communication dated April 19 has conveyed to the Secretary Managing Committee, Mawiong Lower Primary School, Mawryngkneng that appointment of the petitioner stands cancelled.

The Court further stated that it appears that the order of status quo has not been construed in its right perspective because, admittedly, the petitioner was appointed on 09.03.2018 and had joined on 14.03.2018 means he was in position, such position of the petitioner was protected by order of status quo.

â€œ Impugned communicated dated 19.04.2018, in the said background is totally unsustainable which position is further supported by reply affidavit of respondents No. 1, 2 & 4 wherein position has been clarified with further words of caution that in fact mistake has been committed by the SDSEO, Shillong by construing letter dated 16.04.2018 wrongly,â€ it added.