TH. IBEMHAL DEVI Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. N. Ibotombi, learned senior counsel for the petitioner as well as Mr. I. Lalitkumar, learned senior counsel for the respondent No. 2 and Mr. R.S. Reisang, learned Government Advocate, for the respondent No. 1. None appears for the remaining respondents.

(2.) In the present writ petition, the petitioner who is presently serving as an Accountant in the office of the Deputy Commissioner, Imphal West has challenged the promotion of the private respondents 3, 4 and 5 to the posts of Sub-Deputy Collector (SDC) primarily on the ground that the private respondents, who merely possess the qualifications of Matriculation, PUC and HSLC and as such, not "under graduate", are not eligible for promotion to the posts of SDC, since as per the Recruitment Rules for the post of Sub-Deputy Collector only "graduates" and "under graduates" are eligible for promotion.

(3.) Appointment to the post of Sub-Deputy Collector in the Revenue Department, Government of Manipur, is governed by the Recruitment Rules known as the Revenue Department (Sub-Deputy Collector) Recruitment Rules, 1981 framed under proviso to Article 309 of the Constitution of India. As per the said Recruitment Rules (RR), 33 1/2% of the posts are to be filled up by promotion and remaining by direct recruitment. As regards promotion, the post is to be filled up from amongst the following feeder posts as provided in column No. 11 of the Recruitment Rules: