THINGBAIJAM NARESH KUMAR Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. Julekha Khan, learned counsel appearing for the petitioner; Mr. S. Nepolean, learned GA appearing for the respondents No.1 and 2,Mr. H.S. Paonam, learned senior counsel assisted by Mr. A. Sushruta, learned counsel appearing for the respondents No. 3, 4 and 5, Mr. N. Ibotombi, learned senior counsel assisted by Mr. Th. Ningtamba, learned counsel appearing for the respondent No.6 and Mr.S. Rupachandra, learned senior counsel assisted by Mr. Royal Ray, learned counsel appearing for the respondent No.7. In this petition, the dispute between the parties is about the fixation of seniority position of the petitioner and respondents No. 3 to 7, who are serving as Assistant Engineers in the Engineering Wing of the Department of Education (Schools). Having been aggrieved by the fixation of his seniority position in the Final Seniority List of the Assistant Engineers of Education Engineering Wing, Department of Education (S), the petitioner filed the present writ petition assailing the Final Seniority List dtd. 11/9/2024 issued by the Secretariat: Education (S), Department, Government of Manipur.

(2.) The facts of the present case are simple and undisputed. For the purpose of engaging against 17 (seventeen) different categories of posts, including 1 (one) post of Executive Engineer and 10 (ten) posts of Assistant Engineers, on contract basis, the State Project Director, SSA State Mission Authority, Manipur, issued a Notification dt. 21/2/2011 inviting applications from interested and eligible candidates. In response to the said Notification, the respondents No. 3 to 7 submitted their application forms and the petitioner also submitted his application form applying for both the said two different posts of Executive Engineer and Assistant Engineers.

(3.) Upon completion of the selection process, the Principal Secretary (Education-S), Government of Manipur, issued a Notification dtd. 17/4/2012 notifying the list of selected candidates and also the candidates in the Waiting List for engagement on contract basis. As per the said Notification, the petitioner was selected for the post of Executive Engineer and the mark he obtained is shown as 53.847, however, he was not selected for the post of Assistant Engineer and his name was included in the Waiting List. All the private respondents No. 3 to 7 were selected for the posts of Assistant Engineers. As per the said Notification, the merit position and the marks scored by the respondents No. 3 to 7 and the petitioner are as under:- "ASSISTANT ENGINEER (CIVIL) - LIST OF SELECTED CANDIDATES <IMG>JUDGEMENT_1_LAWS(MANIP)9_2025_1.jpg</IMG> ASSISTANT ENGINEER (CIVIL) - WAITING LIST <IMG>JUDGEMENT_1_LAWS(MANIP)9_2025_2.jpg</IMG>