MD. ZAHIR SHAH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri B.P. Sahu, the learned Senior Advocate assisted by Shri Phungyo Zingkhei, the learned counsels appearing for the petitioner; Shri R.S. Reisang, the learned Senior Government Advocate assisted by Shri Shyam Sharma, the learned Government Advocate for the State respondents and Shri I. Lalitkumar, the learned Senior Advocate assisted by Shri I. Dening, the learned counsels appearing for the MPSC.

(2.) The validity and correctness of the Recruitment Rules, 2015 in respect of the post of Scientific Assistant (Toxicology) is being questioned and challenged in this writ petition and a prayer has also been made to quash the advertisement dated 29-08-2016 issued by the Manipur Public Service Commission (hereafter referred to as "the MPSC") in respect of the said post.

(3.) The facts of the case as narrated in the petition, are that the petitioner is a Master of Science in Toxicology and while he was waiting for an advertisement for appointment to a suitable post commensurate with his educational qualifications, the MPSC issued an advertisement dated 29-08-2016 inviting applications from amongst the eligible candidates for appointment to the post of Scientific Assistants on various subjects/disciplines including the post of Scientific Assistant (Toxicology). As per the recruitment rules called "the Department of Home (Forensic Science Laboratory), Manipur (1) Scientific Assistant (Chemistry), (2) Scientific Assistant (Biology), (3) Scientific Assistant (Ballistics), (4) Scientific Assistant (Toxicology), (5) Scientific Assistant (Documents), (6) Scientific Assistant (Mobile Forensic Unit) and (7) Scientific Assistant (Photography) Recruitment Rules, 2015" (hereinafter referred to as the "Recruitment Rules, 2015") published vide notification dated 23-10-2014, the essential qualifications for appointment to the said post of Scientific Assistant (Toxicology) are M.Sc. in Chemistry/Biochemistry/Forensic Science (with Chemistry in Bachelor's Degree) from a recognized University. The petitioner was not aware of the publication of the said Recruitment Rules, 2015 till when the said advertisement dated 29-08-2016 was issued by the MPSC and being aggrieved by it as well as the Recruitment Rues, 2015, the instant writ petition has been filed by the petitioner on the inter-alia grounds that the issuance of the said advertisement has deprived the candidates including the petitioner, of their legitimate expectation as well as the right to be considered for appointment to the post of Scientific Assistant (Toxicology). It has further been submitted that although M.Sc. in Toxicology which was one of the essential qualifications in the earlier Recruitment Rules, 1999 for appointment to the post of Scientific Assistant (Toxicology), has been deliberately omitted in the Recruitment Rules, 2015. In respect of the appointment to various posts including the post of Sr. Scientific Assistant, the Sardar Vallabhbhai Patel National Police Academy, Hyderabad made M.Sc. in Toxicology as one of the essential qualifications. Similarly, in respect of the Forensic Science Laboratory, Delhi, M.Sc. in Toxicology is made one of the essential qualifications for appointment to the post of Scientific Assistant (HRD) and Sr. Scientific Assistant (Chemistry). M.Sc. in Toxicology is directly related to the post of Scientific Assistant (Toxicology) but the same has been excluded from being one of the essential qualifications for appointment to the post of Scientific Assistant (Toxicology) by way of a conspiracy being hatched amongst the respondents at the time of publication of the Recruitment Rules, 2015. Such an action on the part of the respondents is quite unreasonable and therefore, the Recruitment Rues, 2015 and the advertisement issued in respect of the post of Scientific Assistant (Toxicology) are violative of Art. 14 of the Constitution as well as the law laid down by the Honourable Supreme Court to the effect that the appointment to a particular post of the State Government as well as the Union of India is a national wealth and therefore, each and every citizens shall have the right for being considered for appointment to the said post. In support of his contention, the learned counsel appearing for the petitioner has placed reliance on the decision rendered by the Honourable Supreme Court in Sanjay Kumar Manjul Vs. Chairman, UPSC and ors, (2006) 8 SCC 42.