O PREMKUMAR SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. H.S. Paonam, learned counsel for the petitioners as well as Mr. Jalal Uddin, learned Government Advocate for all the respondents.

(2.) The short factual matrix of the petitioners' case is that the Director, Manipur Fire Services, Government of Manipur issued requisition form dated 29.10.1999 for notifying vacancies in the Fireman Driver to the Employment Exchanges and others. In the said requisition form it had been mentioned very clearly that the said 11 (eleven) posts of Fireman Driver, for which the said requisition form of notifying vacancies was issued, are temporary. Admittedly, out of the said eleven vacancies in the post of Fireman-Driver, 4 (four) vacancies had been reserved for the Scheduled Tribe candidates and 7 (seven) vacancies were for the general candidates. In pursuance of the said requisition made by the Director, Fire Services, Government of Manipur for the said eleven vacancies, in the post of Fireman/Driver, all the present writ petitioners along with others were sponsored by their respective Employment Exchanges for consideration for appointment to the said posts of Fireman/Driver.

(3.) A large number of sponsored candidates including the writ petitioners appeared in the Physical Test for the said eleven vacancies in the posts of Fireman/Driver and by notification dated 5.6.2000 issued by the Director, Manipur Fire Services, Government of Manipur, for notifying the list of successful candidates in the said physical test, only 17 (seventeen) general candidates including the present petitioners (4 in Nos) had been declared successful for the said post of Fireman/Driver. As none of the ST candidates were successful for the said four reserved vacancies for the post of Fireman/Driver, the Director, Fire Services, Government of Manipur under his letter being No. 1/1/Estt./ 99-FS/5481 dated 20.12.99 sought the necessary permission/approval from the Home Department, Government of Manipur for re-advertisement of the said four reserved vacancies in the post of Rifleman. The Home Department, Government of Manipur under letter of the Deputy Secretary (Home), Government of Manipur being No. 12/1(33)799- H dated 13.1.2000, in reply to the said letter of the Director of fire Services, Government of Manipur dated 20.12.99 directed the Director, Fire Services to the effect that - if at the moment, the reserved candidates are not available vacancies maybe carried forward and the vacant posts may be filled up by the General Candidates. Action may be taken upto accordingly. For easy reference, the said letter of the Deputy Secretary, Home, Government of Manipur dated 13.1.2000 is quoted here under: <FRM>JUDGEMENT_684_GAULT4_2005Html1.htm</FRM>