Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

teacher in the Govt High School/Govt. Higher Secondary School for promotion against 38 vacant
posts of Headmaster created for newly provincialised high schools, which has been taken away illegally
and arbitrarily by impugned notification (Annexure-10 to the writ petition) creating 38 posts of
Headmaster for absorption of existing incumbents and by another notification (Annexure-11 to the
writ Petition) directing to fill up said posts from existing incumbents of the erstwhile Deficit High
School. The petitioners have also called into question the communication dated 9 th June 2005
(Annexure-13 to the writ petition) by the State Government to the MPSC for screening of Headmasters
of the provincialised schools for their absorption in Govt. service.
5. The State and other official respondents Nos.1 to 4 by joint affidavit-in-opposition contested
the case contending, inter alia, that absorption of all the employees of the provincialised schools
including Headmasters of high schools were made in accordance with the provincialisation rules, not in
accordance with the Recruitment Rules of 1997 as the same was a legal necessity following
provincialisation of the said schools. For absorbing the Headmasters of the provincialised schools 38
posts in the Govt. service under the Education Department had to be created and in order to test their
suitability they were referred to the MPSC for screening and recommendation which is the requirement
of the Recruitment Rules of 1997. A provision has also been made that if any of such incumbent
headmaster of the provincialised high school is found to be not suitable for appointment as headmaster
then such headmaster shall be appointed as teacher in the Govt. service. Since all the incumbents have
been found to be suitable by the MPSC for appointment to the newly created posts of Headmaster by
way of absorption there has been no illegality in the process and the question of considering the
petitioners for such posts did not arise as such absorption has been done not in accordance with the
normal provision of the Recruitment Rules but in accordance with the special rules framed for the
purpose of absorption of teachers and other employees of the institutions after provincialisation.
6. The MPSC being the 5 th respondent herein filed a separate counter affidavit contending inter
alia that the proposal of the State Government was to absorb existing headmasters of the provincialise
high school in the Govt. service following provincialisation of the said school and, therefore, the
Commission conducted a personal interview for screening of all the headmasters in consonance with
the provision of the Middle/High Schools (Provincialised) Rules 1994. The MPSC having been
satisfied about their suitability recommended them for absorption as Headmasters after a careful
assessment of their suitability.
Mizoram PSC
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