By Our Reporter
SHILLONG, Aug 19: The High Court of Meghalaya has directed the Khasi Hills Autonomous District Council (KHADC) and the state government to create a supernumerary post by September 30.
The order followed the hearing of writ petitions by two candidates for the recruitment of first-class magistrates in the district council courts.
While the petition by Naphibanmer Laso was dismissed through an order on July 26, 2024, an appeal filed by Cyprian Dkhar was considered.
According to the judgment by the Division Bench of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh, a recruitment drive following a job advertisement was undertaken for three of the five vacant posts in the district council courts. After the publication of a selection list, along with the names of wait-listed candidates, a move was undertaken to fill the other two posts.
The court noted that a sixth post of magistrate first-class was in the process of creation.
However, the KHADC took a policy decision to fill up the three additional posts by appointing candidates from the waiting list and not going through a fresh recruitment or selection process. Three women appointed from the waiting list were made respondents in Dkhar’s appeal.
The two petitioners participated in the selection test but did not figure in the waiting list. They challenged the additional appointments because the advertisement was for three posts, and the selection process was completed after the vacancies were filled.
They argued that the recruitment for the next three posts was a fresh process, for which the said waiting list could not be utilised. A new procedure for appointment had to be initiated by advertisement, inviting applications and conducting written and oral tests, they said.
The further said that the sixth post was not an anticipatory vacancy but a future vacancy that could not be filled from the waiting list.
“Now, according to the writ petitioners, if a new selection process had been started for the said three additional posts, they would stand a chance,” the court observed.
The division bench noted a “silver lining in the sky” during the close of the hearing of the appeal, when the Deputy Solicitor General said a vacancy existed and another would arise soon.
Taking the submissions into account, the court observed that for a fair and just result, “the clock should be put back to where it was” when the three posts were filled up from the waiting list.
It said this could be done by creating a supernumerary post.
“There should be no difficulty in this because the council has repeatedly urged that it was in need of more judicial officers to dispose of pending cases,” the court said, while directing the KHADC and the state to create such a post by September 30.
Stating that any approval from the high court or the government “is deemed to have been obtained”, the division bench said a selection test to fill up the remaining posts should be carried out in three months. It further said that the appellant should be at liberty to participate in the test.