Court puts on hold appointments

File pix: Meghalaya high court chief justice PC Pant
File pix: Meghalaya high court chief justice PC Pant

SHILLONG, APR 1: Meghalaya high court on Tuesday directed the state government to put on hold the appointment process to the posts of Grade III Meghalaya Agricultural Service (MAS) and submit counter affidavit within a month.

The order came following a writ petition filed by 36 aggrieved candidates challenging the selection process to the 49 vacancies posted by the Meghalaya Public Service Commission (MPSC) and the State Agriculture department.

“As an interim measure, it is directed that no appointment shall be made, if not already made, from the impugned selected list challenged in the writ petition, till the next date of listing,” Meghalaya high court chief justice PC Pant said in his order issued on Tuesday.

The aggrieved candidates have alleged that the list announced on February 28 to the 49 posts has included even the seven names of those candidates whose applications were “rejected” vide communication made on March 25, 2013 and June 20, 2013 after the scrutiny.

The advertisement to the posts was issued by MPSC on April 20, 2012 and had fixed February 7, 2014 as the date of written examination to the posts through a notice issued on January 30, 2014.

The petitioners had argued that the respondents MPSC “arbitrarily” changed the selection procedure and invited the candidates to appear for interviews without holding written examination, which were held between February 7 and 21 this year.

During the sitting today, senior counsel for the respondents MPSC submitted that since the petitioners have participated in the selection process as such they cannot challenge the selection.

However, the court was of the view that had the respondents (MPSC) not made clear in the advertisement that the written test will be held what the learned counsel for the respondents pleaded could have been accepted.

“But the petitioners are candidates who in pursuance to the advertisements have applied for the posts and it has been pleaded that in blatant violation of the terms of the advertisement, the selection has been made, as such this court is unable to accept the argument advanced on behalf of the respondents,” the order stated.

The court has directed the state government, MPSC and the agriculture department along with the 49 candidates who were selected for the posts (being the respondents parties) to file their counter affidavits within a period of four weeks.

The court further directed petitioners to take steps to serve notices to the all the respondents.

The next hearing is likely to be held after one month.- By Our Reporter

 

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