KH ROBINDRO SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The three writ petitions namely; W.P.(C) No. 1449/2000, W.P.(C) No. 1538/2000 and W.P.(C) No. 38/2001 are disposed of by this common judgment and order as they involve common questions of law and facts.

(2.) On the requisition of the State Government of Manipur, the Manipur Public Service Commission vide notification dated 14.07.1997 invited applications for recruitment to the 175 posts of Junior Medical Officer and 20 posts of Dental Surgeons in Grade-IV of Manipur Health Service. The MPSC, in short Commission, after conducting necessary selection process recommended name of 175 candidates for Jr. Medical Officer and 20 names for Dental Surgeons. The writ petitioners who are all qualified Medical Graduates alongwith others are the selected candidates whose names appeared in the select list. They have prayed for a direction to the State Government to, appoint them against the existing vacancies as per recommendation of the Commission. They also apprehend that the validity of selection list may be allowed to expire to deprive them from appointment.

(3.) Before proceeding further, it will be proper to detail certain facts, which are not in dispute. Recruitment in Grade-IV in Manipur Health Service (M.H.S.) is to be made by direct recruitment through Commission. During 1996 the Commission was not functioning for absence of Chairman. Hence without consulting the Commission, the State Government vide order dated 11.03.1996 appointed 125 Medical Officers and 21 Dental Surgeons on adhoc basis. The said appointments were challenged by unemployed Medical Graduates in C.R. Nos. 409/ 96 and 456/97. The Court directed the State to fill up the vacancies in M.H.S. through Commission as per Rules and not to extend the terms of adhoc appointees, who feeling aggrieved, preferred WA No. 51/1997. The said appeal was dismissed affirming the order in Civil Rule. The State Government, thereafter, issued the requisition and the selection was made by the Commission, though not without intervention of this Court.