KSHETRMAYUM PRATMA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The three writ petitioners who arc Doctorate in different streams submitted their application in pursuance of notification dated 23.2.1998 issued by the Manipur Public Service Commission inviting applications from candidates who possessed Master Degree in relevant subjects with atleast 55% marks or its equivalent grade from a recognized University for appointment to the post of lecturers in Government Colleges. The advertisement was issued under the Recruitment Rules of 1989 on the recommendation of the State Government. Despite completion of all formalities in receiving the applications, the Public Service Commission did not hold the selection test. In the meantime, in supercession of the Rules of 1989, new Rules were framed by the notification dated 15th January, 1997. The eligibility criteria/qualifications as prescribed in the 1989 Rules stood changed. The new Rules provide the following educational criteria as eligibility for appointment to the post of Lecturers in the Government Colleges :-

(2.) In view of the note to para-2 in the Rules, the petitioners became ineligible for consideration for appointment to the post of Lecturer since they acquired Doctorate Decree after the cut-off date mentioned therein. Their grievance is that had the Commission completed the selection process in pursuance of the advertisement issued on 23.2.1998, they would have a fair chance of getting selected for appointment. It is because of the laches on the part of the Commission, they have been deprived of their right for selection for appointment. Hence, they have filed this petition for appropriate direction for setting aside the rules framed on 15 th January, 1997 which rendered them ineligible for consideration for appointment and also for a direction to complete the selection process as per advertisement dated 23.2.1998 with consequential reliefs.

(3.) The question to be answered in this petition is whether the Commission could abandon the selection process initiated by the notification dated 23.2.1998 (Annexure - A/ 1) and whether the writ petitioners have any right of election in pursuance thereof?