LAISHRAM RANJITA Vs. NONGTHOMBAM TEJMANI SINGH

JUDGEMENT

(1.) THIS writ appeal has been filed against the judgment and order of the learned Single Judge dated 23.01.2012 passed in W.P.(C) No.743 of 2010. Respondents 1 to 6 in this appeal were the petitioners in the writ petition and present appellants were respondents 14 and 19 respectively in the writ petition.

(2.) THE factual background leading to filing of the writ petition is that in exercise of the powers conferred by proviso to Article 309 of the constitution of India, Manipur Health Service Rules 1982 (herein after called the 'Rules') had been framed in the year 1982. Rule 4 of the said Rules provides for different grades such as Grade -I, II, III, IV & V. Rule 7 of the said Rules provides for mode of recruitment. It is provided under Rule 7 Sub -rule (1)(a) that direct recruitment to any grade of the service including specialist post in the grade shall be made on the recommendation of the Manipur Public Service Commission (for short 'MPSC'). The requisite qualification for direct recruitment to various grades of the service are specified in Schedule -II of the Rules amended in 1991. Under the amended Rules, the earlier grades were amended and classified as specialist grade, grade -I,II,III & IV and MHS Grade -V. Rule 16 of the said Rules empowers the Governor of Manipur to relax any provision of the said Rules in consultation with the Manipur Public Service Commission to such extent as may be necessary to ensure satisfactory working of the Rules or to make any inequitable result but there is a rider to the extent that the power of relaxation shall not be exercised so as to relax the essential qualification prescribed for appointment by any of the methods specified in the Rules.

(3.) IN supersession of the advertisement 12.10.2006, MPSC issued another advertisement dated 12.2.2010 for recruitment of 401 MHS Grade -IV (Medical Officer)Officers. The essential qualifications for appointment to the said MHS Grade -IV post mentioned in the said advertisement dated 12.2.2010 are the same essential qualifications prescribed for MHS Grade -IV mentioned in Schedule -II of the 1982 Rules. However, the closing date, issue and receipt of the application forms, determination of age and completion of rotating internship was 31.3.2010. It was further provided in the said advertisement dated 12.2.2010 that those applicants who had submitted their applications in response to the advertisement No.7 dated 12.10.2006 were not required to apply again if their forms had not been rejected for lack of essential qualifications.