Govt annuls notification relaxing reservation rule and roster points for appointment of Asst Profs H

Gangtok, 21 Mar:

The High Court of Sikkim today disposed the writ petition which had challenged the move to appoint 32 Assistant Professors at government colleges here through direct recruitment after the State Government rescinded the notification which had relaxed recruitment rules for these hirings.

Yam Prasad Rai along with some others had filed a writ petition in the High Court challenging the notification issued by the Department of Personnel on 23 May, 2017 relaxing the reservation rule and application of roster points for a period of three years for appointment of Assistant Professors for Mathematics, Botany, Zoology, Physics, Chemistry and Statistics.

This had enables all eligible candidates from within and outside the State to apply for the 32 vacancies.

Following the notification, the Sikkim Public Service Commission had issued an advertisement dated 13 October 2017 inviting applications to the posts.

The writ petition, apart from seeking that the High Court scrap the DoP Notification, had also prayed for the advertisement to be made void as well.

The Chief Secretary and the Human Resource Development Department, which had also been made respondents in the case, today informed the Court that the State Government had, on 06 February, 2018, through the Department of Personnel, issued a fresh notification annulling the notification being contested.

Hearing the case today, Justice Bhaskar Raj Pradhan, observed: “In view of the aforesaid facts, the Petitioner’s grievance having been partially met by the Respondent No.2 rescinding the impugned notification, this Court is of the view that the impugned advertisement cannot also stand and the State Respondent must re-advertise the said post making the necessary amendments in the impugned advertisement in view of the rescission of the impugned notification.”

The senior government advocate further informed the Court that the advertisement too will be revoked within three days.

The High Court, while permitting the State Government to withdraw the advertisement within three days, directed that “follow up action” be taken within a week as well, adding that failure to withdraw the advertisement within three days “would automatically result in annulment of the impugned advertisement”.

With the matter so resolved, the High Court disposed the case today.