GOL GAIJAIRUNG Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4.4.2006 passed by the learned single judge in W.P.(C) No. 1283 of 2005 dismissing the writ petition filed by the appellants praying for a direction to the respondents therein to give effect to the select list prepared in the year 1999; to set aside the requisition given by the Director of Education(s) dated 7.11.2005 to the Director of Employment, Government of Manipur to furnish the list of sponsored candidates for the purpose of selection for appointment as teacher both Arts and Science graduate teacher and to appoint the appellants in terms of the select list of 1999.

(2.) The undisputed facts involved in the present appeal is that on 3.4.99 a requisition was sent by the Director of Education, Government of Manipur to the Director Employment for sponsoring the candidates to fill up 161 posts of graduate teacher (91 posts for Arts graduate and 70 posts for Science graduate). A written test was conducted on 8.11.99, wherein fourteen thousands candidates sponsored by the Director, Employment, appeared, result of which was declared on the next day i.e. on 9.11.99 declaring 889 and 694 candidates as successful for Arts and Science graduate teachers, respectively. A second list was also subsequently published on 24.12.91 containing the names of 1463 and 1103 successful candidates in the said written test, for Arts and Science graduate teachers, respectively and Viva Voce test was thereafter conducted by the selection committee, pursuant to which names of candidates were recommended. Such recommendation was made solely on the basis of the marks obtained in the said Viva Voce test, without taking into account the marks obtained in the written test. Before declaration of the result of the said selection committee, the Government on 6.11.99 issued an order banning direct recruitment and freezing the result of the selection committee. Thereafter the State Cabinet on 17.2.01 took a policy decision, which was reflected in the order dated 19.3.2001, to the effect that the result of the DPCs (though it is a misnomer and ought to be selection committee) which have not been announced till then shall be treated as cancelled. Similarly recommendation of the DPCs, which have been notified, but on the basis of which the orders of apointment have not been issued are also treated to be cancelled. A writ petition being W.P.(C) No. 402 of 2001 was thereafter filed by the All Manipur Graduate (Arts & Science) Teachers DPC Faced Candidates Association, 1999 of which present appellant No. 1 is the president and the present appellant No. 8 is the treasurer, praying for a direction to declare the result of the selection held during the month of December 99 to January 2000 for the post of graduate Arts and Science teachers and for publication of the select list and to appoint the persons selected against the said 161 vacancies. The said writ petition was however, dismissed vide order dated 5.2.2004, as the Government took a policy decision not to declare the result of the selection held and not to make any appointment. The said order has not further been challenged and therefore attained its finality. The Director of Education (S) Government of Manipur issued the impugned requisition dated 7.11.2005 to the Director of employment requesting him to sponsor the candidates for selection for appointment as Science and Arts graduate teachers. The appellants, of whom the appellant No. 1 is the President of the All Manipur Graduate (Arts & Science) Teachers DPC Faced Candidates Association, 1999 and the appellant NCI. 8 the treasurer of the said association and the others who are the members of the said association, thereafter filed W.P.(C) No. 1283 of 2005 with the prayer for directing the respondents to appoint them on the basis of the selection made in the year 1999 and to setiaside the said requisition dated 7.11.2005, which was dismissed by the learned Single Judge as stated above. Hence the present appeal.

(3.) We have heard Mr. N. Dutta, learned senior counsel for the appellant, Mr. Ashok Podsangbam, learned Advocate General, Manipur appearing on behalf of the respondents.