DR. THOUNAOJAM SURENDRA SINGH Vs. MANIPUR UNIVERSITY

JUDGEMENT

(1.) This Review Petition has been filed for review of the judgment and order dated 10.8.2016 passed in W.A. No. 54 of 2015 whereby the appeal, preferred by the appellant-petitioner against the order passed by the learned single Judge, was dismissed.

(2.) The brief facts leading to this Review Application are that when respondent No.2 was appointed as Lecturer (Hindi) in Manipur University in the reserved category of OBC, her appointment was challenged by the petitioner on the ground that she cannot be a candidate of OBC category as her father, being appointed directly on class-I post, was a person of creamy layer and therefore she should not have been appointed as lecturer in OBC category on the basis of OBC certificate. However, said plea of the petitioner was denied by the respondent before the writ court. The writ court, having taken into account the facts and circumstances brought on record, came to the finding that there has not been any contravention of any rule relating to the appointment of the respondent No.2 and thereby the writ application was dismissed.

(3.) When the appeal was preferred against the judgment and order passed by the learned Single Judge, same plea was advanced. Upon consideration of the case, when we, in appeal, did find that the writ petitioner/appellant has palpably failed to establish that the father of the respondent No.2 had directly been appointed on Class-I post upheld the judgment and order passed by the learned single Judge and thereby the appeal was dismissed. While dismissing the appeal, this court did find, the stand taken by the writ petitioner-appellant of holding of the class-I post by the father of the respondent quite illogical which was expressed in the following manner: