ZENEETA LAISHRAM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents to fill up the 78 vacant posts of Nursing Sister by promotion purely on year-wise vacancy from the eligible and qualified feeder post of Staff Nurse JNIMS as per para 5.9 and 5.10 of para 5.G of the office Memorandum dtd. 15/5/2014 issued by the Department of Personnel and Administrative Reforms (Personnel Division), Government of Manipur and not by clubbing the vacancies for preceding years under one head and to direct the respondents to de-reserved the vacancies reserved for ST or SC in case such vacancies remain unfilled due to non-availability of the candidates within the normal zone of consideration or the extended zone of consideration as per Rule 6(b) of the Manipur Reservation of Vacancies in Posts and Services (for Scheduled Caste or Schedule Tribes) Rules, 2011 and to consider the case of the candidates belonging to the unreserved category to fill the said vacancies and to direct the second respondent to consider and disposed of the representation dtd. 17/5/2022 filed by the petitioner and others before holding DPC for giving promotion to the post of Nursing Sister.

(2.) Heard Mr.N.Ibotombi, learned senior counsel for the petitioners and Mr.S.Nepolean, learned Government Advocate for the respondent State.

(3.) The case of the petitioners is that due to non-filling up of the vacant posts of Nursing Sister by promotion from the feeder post of Staff Nurse, many vacancies of Nursing Sister arose in Jawaharlal Nehru Institute of Medical Sciences (JNIMS) which needs to be filled up by promotion from the eligible and qualified Staff Nurse on year-wise vacancy and promotion as per the final seniority list dtd. 6/6/2022 of Staff Nurses, JNIMS. However, the authorities of JNIMS are trying to fill up the said vacant posts of Nursing Sister by clubbing all the vacancies under one head on promotion basis, instead of giving promotion to the eligible and qualified Staff Nurse on year-wise vacancies, which is not permissible under the law. According to the petitioners, on 17/5/2022, the petitioners have submitted a representation to the President, JNIMS Society and the second respondent to fill up 78 vacant posts of Nursing Sister on promotion on year-wise vacancy from the eligible and qualified feeder post of Staff Nurse and not by clubbing the vacancies for preceding years and also to de-reserve the reserved vacancies for ST and SC in case such vacancies remain unfilled due to unavailability of candidates within the normal zone of consideration or within the extended zone of consideration and to fill up the said vacant posts from the candidates belonging to unreserved category. Despite receipt of the said representation, the same has not been considered by the respondents. Hence, the petitioners have filed the instant writ petition.