H BIREN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. H.S. Paonam, learned Counsel appearing for the petitioner, Mr. Y. Ashang, learned Government Advocate appearing on behalf of respondent Nos. 1, 2 and 3 and also heard Mr. A. Jagjit and Mr. S. Jaljit, and learned Counsels appearing for the respondent Nos. 5 and 6 respectively. None appears on behalf of respondent No. 4.

(2.) This petition has been filed by the writ petitioner, challenging the impugned order dated 17.9.2009 (Annexure-13) by which the respondent Nos. 4, 5 and 6 have been transferred and posted as Principal-In-charge of Government Colleges, on the ground that the private respondent Nos. 4, 5 and 6 did not have the requisite qualification for appointment as Principal of Government College, in terms of the Recruitment Rules dated 4.9.2002. During the pendency of this writ petition, the private respondents have retired from service. The respondent No. 4 retired earlier and the respondent Nos. 5 and 6 retired w.e.f. 28.2.2010. In view of the above, I do not propose to discuss the facts in detail except the facts which may be required for determination of the sole issue i.e. "Eligibility for appointment as Principal of Government Colleges in terms of the relevant Recruitment Rules."

(3.) It is stated that the petitioner who was appointed as Lecturer in the year 1975, was placed in the grade of selection grade lecturer w.e.f. 28.6.1989 and thereafter, he obtained his Ph.D. degree. By notification dated 28.11.1994, the petitioner was placed in the grade of Reader on the recommendation of a DPC associated with Public Service Commission. Thus, the petitioner claims that he is eligible for appointment as Principal in any Government College in terms of the extant Recruitment Rules.