HC quashes notification banning govt aided college teachers from taking part in elections
Shillong, Dec 5: The High Court of Meghalaya has quashed a notification which debarred teachers in government aided colleges from taking part in political activities and political associations.
The order passed by Justice HS Thangkhiew on Monday pointed out that the amended Aided College Employees Rules which barred the teachers from taking part in electoral process, is not tenable.
The state had also restricted the government and government aided college teachers from taking part in electoral process as per the Meghalaya State Education Policy but not according to the draft education policy.
The writ petition filed by Assistant Professors of various government aided colleges was against the stand of the state government.
In its judgment, Single Bench said, “The impugned amendments as given in the impugned notification dated 23.03.2021, amending the Aided College Employees Rules, being the product of a flawed decision making process, are held to be unsustainable, and as such, the impugned notification is set aside and quashed.”
The court further said, “Taking into account the settled legal position, the petitioners in the considered view of this Court, are not found to hold an Office of Profit, and if, they satisfy the other conditions as laid down in Articles 102(1) and 191(1), cannot be debarred by the rules as amended from contesting in elections or holding political office. Further the contention that the government exercises deep and pervasive control over the services of the petitioners and the institutions has not been borne out by the materials on record”.
