(1.) HEARD Mr. M. Rarry, learned counsel appearing for the applicant/respondent, Mr. H. Dijeshwor, learned counsel appearing for the respondent/writ petitioner as well as Mr. Jagat, learned G.A. appearing for the respondent Nos - 1 and 3 respectively.
(2.) BY this application, the applicant(respondent No.5 in the writ petition) is praying for vacation/modification of the interim order dated 8.10.2010 passed by this Court in W.P.(C ) No. 510 of 2012. It is made clear at the very out set that any observation made in this order shall not cause any prejudice to the parties at the time of final hearing of the connected writ petition, i.e. W.P(C) No. 510 of 2012 inasmuch as any observation in this order is only a prima facie view of this Court at this stage for the interim matter.
(3.) PARA 7 of Section IV of the Chapeter IX of the Manipur Education Code, 1982 clearly provides that whenever there is a vacancy, it should first be determined for what main subject or subjects of the curriculum the teacher is required, and proficiency in that subject or subjects shall have to be considered in filling up the vacancy. In the present case, the vacancy arose on the retirement of one Shri K. Khomei, BA, B.Ed, approved Graduate teacher of Ningombam Junior High School.