MD. SALATUR RAHMAN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The writ petition has been filed to set aside the impugned advertisement dtd. 27/10/2018 and to direct the respondents to fill up the post of Principal of L.M.S. Law College, Imphal by following the provisions prescribed in the relevant Recruitment Rules framed for the purpose.

(2.) The case of the petitioner is that on 22/9/1988, he was initially appointed as Lecturer in LMS Law College against the post created vide Government Order dtd. 1/4/1986 for a period of 6 months or till the post is filled up on regular basis, whichever is earlier. The petitioner's service as Lecturer in LMS Law College was regularised along with other Lecturers of the other Government Colleges on the recommendation of the Special DPC held on 12/3/1993. In the line of promotion, the status of the petitioner was upgraded from Senior Lecturer to Associate Professor and thereafter he was appointed as Principal in-charge of LMS Law College on 22/12/2012 as per the order of the Commissioner, Higher Education. Since then the petitioner has been discharging his function as Principal incharge of the said College. While so, without taking into consideration the provisions prescribed by the Bar Council of India, the Secretary, MPSC issued the impugned advertisement on 27/10/2018 calling for applications for the post of Principal in three Colleges, including LMS Law College with eligibility conditions/qualifications which is also otherwise in violation or in total non-consideration of the Recruitment Rules set for appointment to the post of Principal of Centre for Legal Education by the Bar Council of India, depriving the fundamental rights of the petitioner for appointment as Principal. Hence, the writ petition.

(3.) The third respondent MPSC filed affidavit-in-opposition stating that the Bar Council of India has nothing to do in the appointment of Principal of LMS Law College, as the Bar Council of India is not the appointing authority. The role of the Bar Council of India is primarily to inspect and supervise the Colleges/Institutions imparting legal education with regard to minimum standard and infrastructural facilities. The impugned advertisement was issued in accordance with law as also in accordance with the UGC Regulations. There is no violation of the Bar Council of India Rules and the Bar Council of India has nothing more to do with the appointment of the Principal of the LMS Law College.