LAWS(GAU)-2001-10-30

KEISHAM IBOBI SINGH Vs. STATE OF MANIPUR

Decided On October 16, 2001
KEISHAM IBOBI SINGH Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) The appeal was dismissed for the reasons to be recorded later on and accordingly reasons for dismissal of the appeal are stated as follows :- The moot question involved in this writ appeal wherein the judgment and order dated 8.9.1997 passed by the learned Single Judge dismissing the Civil Rule No. 959/1995 is under challenge, is whether the respondent No. 4 has possessed the requisite qualifications in terms of the Advertisement No. 2/95-56 published by the Manipur Public Service Commission (for short 'the Commission') to make himself eligible and suitable to be recommended by the Commission vide its Notification dated 15.9.95 for appointment as Additional Director (FSL) in the Home Department, Government of Manipur (for short' the Addl. Director).

(2.) The facts of the case are that the Commission issued an advertisement, being No. 2/95-96 Item, No. 1 for direct recruitment to the post of the Addl. Director fixing 3 PM on 3.7.95 as closing date for issue and receipt of application form. The essential qualification as regards the eligibility for the said post has been laid down in the said advertisement as follows -

(3.) The respondent No. 4 as well as the Commission have refuted the allegations questioning the eligibility and suitability of the candidature of the respondent No. 4 by filing the respective counters. The respondent No. 4 has claimed that he has more than 8 years of experience in Forensic Science and his subject, research relates to the Forensic Science. Therefore, the Commission, on being satisfied, has called him for interview and specifically has found him suitable for the said post for which he has been recommended for such appointment. On the other hand, the Commission in its affidavit has stated that the respondent No. 4 before joining in his service as Scientific Assistant (Ballistics/FSL) in the Home Department of Manipur he has been doing research in the Physics Department under the Manipur University since September, 1986 and as such, he has acquired an experience of more than 8 years in Forensic Science. Further more, according to the experts, the thesis of the respondent No. 4 is in the applied Field of Forensic Science and therefore the research work of the respondent No. 4 falls within the ambit of Forensic Science.