Morung Express News
Kohima | December 13
Ending three years of row between the contract lecturers, the State Government, NPSC and the 71 selected candidates, the Gauhati High Court, Kohima Bench on Monday dismissed the writ petition filed by 20 contract lecturers for regularization of their services, citing that the “petitioners are not entitle to the relief claimed”.
In a 21-pages judgment, Justice MBK Singh observed that there is nothing to show that any substantial injustice has been caused to any of the petitioners. “It is also ascertained that some of the candidates selected on the basis of the said criterion were given appointments. I consider that in the facts and circumstances, it will not fair and just to interfere with the impugned selection process”, the judge noted.
The judgment also said that since the petitioners participated in the selection process and on their failure to get selection, they cannot allow challenging the selection process on the ground of the same being vitiated.
“The said appointments being purely contractual, the stage of acquiring the status of government servant had not arrived. They are not having right to continue as lecturers beyond the period fixed by the relevant contract’, the Singh noted.
It also said that the cut-off date, as claimed by the petitioners, was fixed arbitrarily in order to deprive the petitioners of the benefits, but it was done within its power by the government as matter of policy and there is no violation of law or rules.
The petitioners had also complained that 30 marks which were allotted in place of 50 marks were not in conformity with the 2003 rules; however, the judgment observed that the NPSC has done along recognized lines and not arbitrarily.
“In the present case, it is ascertained that the said reduction of the maximum marks in respect of the interview from 50 to 30 marks was made to all candidates including the petitioners. There is no efficient reason as to why the view of the Public Service Commission that the reduction for arbitrariness in making the selection should not be accepted”, the judgment also said, adding that the NPSC had reduced the mark in good faith and the Court is to interfere only when there is miscarriage of justice or flagrant violation of law.
The hearing was held on December 5 last at Kohima in the presence of Justice MBK Singh, and subsequent judgment was issued by him on Monday, which dismissed the petitions. The petitioners were represented by Imti Longjem, Advocate, SM Ozukum, Advocate, A Zhimomi, Advocate, Yangerwati, Advocate and N Mozhui, while KN Balgopal, Advocate General, represented the state government, BN Sarma, Sr advocate represented NPSC and T Koza and R Iralu represented the other respondents.
Because of the petition filed by the contract lecturers, the Court had withhold the appointment order of the 71 candidates who were selected through NPSC in 2003.
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