SHILLONG: With just a couple of months left for the assembly elections in the state, the Meghalaya high court has quashed a previous government order, making government teachers eligible to contest in polls.
As per a 2018 Meghalaya government policy, teachers of government-aided colleges were barred from contesting elections and holding positions in political parties.
Notably, the National People’s Party (NPP)-led Meghalaya Democratic Alliance government in 2018 issued an order, barring teachers from engaging in political activities stating that schools and colleges should be kept “free from politics”.
On the other hand, the Meghalaya high court, while quashing the government order stated that teachers of government-aided colleges are not found to hold an office of profit.
Justice HS Thangkhiew of the Meghalaya high court set aside and quashed the notification dated 23.03.2021, describing it as the product of a flawed decision-making process.
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“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,” Justice HS Thangkhiew of the Meghalaya high court said.
“As per the discussions made and 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,” the order stated.
“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,” the court said.