Serial No.04 Daily List HIGH COURT OF MEGHALAYA AT SHILLONG WA No.11/2025 with MC (WA) No.40/2025 Date of Order : 29.04.2025 1. North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences, Shillong, Ministry of Health and Family Welfare, Government of India represented by the Director, Director’s Block, Mawdiangdiang, Shillong- 793018, Meghalaya. 2. Deputy Director (Administration), North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences, Mawdiangdiang, Shillong-793018, Wast Khasi Hills District, Meghalaya. ….. Appellants Vs. Smti. Ibahunshisha Nongphud ….. Respondent Coram: Hon’ble Mr. Justice I.P. Mukerji, Chief Justice Hon’ble Mr. Justice W. Diengdoh, Judge Appearance in: For the Appellants : Dr. N. Mozika, DSGI with Ms. K. Gurung, Adv For the Respondent : Ms. P.S. Nongbri, Adv F i) Whether approved for No reporting in Law journals etc.: ii) Whether approved for publication No in press: 2025:MLHC:332-DB JUDGEMENT: (per the Hon’ble, the Chief Justice) (Oral) The selection procedure for direct recruitment of Lower Division Clerks (LDC) was challenged in the writ on various grounds of irregularity. The respondent/writ petitioner was the second waitlisted candidate in the panel. When the appeal was being heard, it was submitted by Dr. Mozika, learned Deputy Solicitor General of India that a fresh selection process had been concluded filling up all vacancies and that all the posts had been filled up. Later during the course of hearing, learned counsel submitted that in that selection one selected candidate had resigned. His client had no objection if this vacancy was filled up by appointment of the respondent/writ petitioner. We thought it would be just and meeting the standard of fairness if the waitlisted candidate No.1 was noticed. Accordingly, he was noticed. He appeared in Court on 24th April, 2025 and expressed his unwillingness to accept the post, if offered. The earlier panel is not even one year old. In our opinion a new selection process or recruitment process is not necessary. In those circumstances, upon opting out of waitlisted candidate No.1, we think it would be just and equitable if the respondent/writ petitioner being the waitlisted candidate No.2, be appointed to the subject post. 2025:MLHC:332-DB We order accordingly directing the appellant-North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences to appoint the respondent. Such appointment should be made with prospective effect and within four weeks of communication of this order. The direction for payment of costs of ₹50,000/- by the appellants to the respondent is set aside. The impugned judgment and order is modified accordingly. In view of the above, the appeal and the miscellaneous application are disposed of. (W. Diengdoh) (I.P. Mukerji) Judge Chief Justice Meghalaya 29.04.2025 “Lam DR-PS” 2025:MLHC:332-DB Digitally signed by LAMPHRANG KHARCHANDY Date: 2025.04.29 07:56:47 IST