Meghalaya High Court
MC(WPC)/238/2023 of THE UNION OF INDIA AND 3 ORS. Vs RAMESH CHANDER AND 10 ORS. on 29 January 2024
No. 03 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG MC[WP(C)] No. 238 of 2023 Date of Order: 29.01.2024 Union of India & 3 Ors. Vs. Shri. Ramesh Chander & 10 Ors. Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Dr. N. Mozika, DSGI.
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Serial No. 03 Regular List
HIGH COURT OF MEGHALAYAAT SHILLONG
MC[WP(C)] No. 238 of 2023
Union of India & 3 Ors.
Date of Order: 29.01.2024Vs. Shri. Ramesh Chander & 10 Ors.
Coram:
Hon’ble Mr. Justice W. Diengdoh, Judge
Appearance: For the Petitioner/Appellant(s) : Dr. N. Mozika, DSGI. with Ms. K. Guruing, Adv. For the Respondent(s) : Mr. M. Chanda, Adv. Mr. M.L. Nongpiur, Adv.i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No ORAL: 1. Heard Dr. N. Mozika, learned DSGI for the applicants/Union of India, who has submitted that this Court vide judgment and order dated 25.05.2023 passed by this Court in WP(C) No. 32 of 2018, has, at para 34 of the same directed the respondents/Union of India to bring out the relevant Recruitment Rules, the time period given for the same being 3(three) months from the date of receipt of a certified copy of the judgment and order. However, even at this point of time, the said Recruitment Rules have not yet been notified. The learned DSGI has submitted that this is because of office procedures which involved inter-departmental consultation, etc., and for which reason, the said Recruitment Rules could not yet be published in accordance with the direction of this Court. It is therefore prayed that an extension of the said 3(three) months’ period be allowed for a further period of 6(six) months.
2. Mr. M. Chanda, learned counsel appearing on behalf of the opposite parties/petitioners, has objected to the prayer made on the ground that this matter has been pending for a very long time as far as the publication of the said Recruitment Rules are concerned and for which, this Court in the said judgment and order dated 25.05.2023(supra) has remarked at para 8 of the same, wherein it is noticed that even after 17(seventeen) years, the said Recruitment Rules have not yet been published.
3. Though, there is no strong objection to the prayer made, the learned counsel has submitted that a period of 6(six) months may not be granted for such process.
4. This Court, on consideration to the submission made, would allow the prayer made by the applicants/Union of India and the 3(three)
months’ period as indicated at para 34(supra) is hereby extended, however, as to the prayer for 6(six) months, the same is not found justified and the Union of India is directed to publish the said Recruitment Rules within a period of 4(four) months from the date of this order. No further extension of time will be allowed henceforth.
5. In view of the above noted direction, this application is accordingly disposed of.
Judge
Meghalaya
29.01.2024 “D. Nary, PS”