SAMURAILAKPAM RAJMANI SHARMA Vs. STATE OF MANIPUR; COMMISSIONER/SECRETARY(DP) GOVT OF MANIPUR; CH SARAT SINGH, ASSOCIATE PROFESSOR(ENGLISH) D M COLLEGE

JUDGEMENT

(1.) Heard Mr. M.Devananda, learned counsel appearing for the petitioner, Mr. A. Vashu, learned G.A., appearing for the respondents- 1 and 2 and Mr. HS Paonam, learned Sr.counsel assisted by Mr. N.Bipin, learned counsel appearing for the respondent No.3.

(2.) In the year 1972 the Manipur Elementary & Secondary Education Act,1972 (hereinafter referred to as an Act) was enacted to establish a Board of Secondary Education to regulate, supervise and develop the system of Secondary Education in the State of Manipur. Upon enactment of the said Act, the Board of Secondary Education Manipur was established headed by its Chairman. With the enactment of the said Act, Rules were also framed by virtue of the provisions as contained in Section 12(3) of the said Act laying down conditions of the services, qualifications and mode of recruitment of the Chairman, Secretary and Controller of Examination. The said rule prescribes the eligibilities for the appointment on the post of Secretary, either on promotion or on deputation. The said rule read as follows :

(3.) As per the case of the parties since there was no eligible person in the Board of Secondary Education for appointment on promotion to the post of Secretary, the respondent No.1, Commissioner/Secy Education(S), Govt. of Manipur vide its letter dated 20.6.2014 requested the Director of Education (S), Director of Hr. Education Manipur; Registrar, Manipur University, Registrar, Central Agriculture University and Deputy Secretary (DP), Govt. of Manipur to furnish name of officers who are eligible to fill up the post of Secretary, Board of Secondary Education on deputation. Pursuant to that, the respondent No.3, being a Associate Professor working as such with effect from 16.8.2005, submitted application to the Director University & Higher Education on 11.7.2014 through the Principal, Moirang College which was forwarded to the concerned authority on 20.8.2014.