TH LOKENDRA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THIS writ appeal is directed against the judgment and order dated 13.03.2008 passed by a learned Single Judge of this Court in Writ Petition (C) No. 896 of 2007. By this impu-gned judgment, the learned Single Judge has set aside the impugned order dated 27.11.2007 issued by the Joint Secretary, Higher Educ-ation, Government of Manipur effecting transfer of three teachers including the appellant and the respondents. Being aggrived with this order, one of the respondents has preferred this appeal.

(2.) WE have heard Shri Kh. Tarunkumar, learned counsel for the appellant and Shri Rosni Piba, learned counsel for the private respondent No. 1. The State respondents were represented by Shri R.S. Reisang, learned Addl.Government Advocate. WE have also perused the impugned order and the pleading of the parties filed in the writ petition.

(3.) DURING the course of argument, Shri Tarunkumar, learned counsel for the appellant submitted although it was pleaded in the affidavit-in-opposition that the appellant was possessing requisite qualification for being appointed as the Principal of a Government college as per the previous recruitment rules, the learned Single Judge has set aside the transfer order on extraneous consideration. In other words, it was the contention of the learned counsel for the appellant that the appellant was officiating the office of Principal of a Government college since prior to the enactment of recruitment rules in the year 2002 as per the UGC norms. Besides this, the vacancy of the post of Principal also arose before coming into force of the new rules and as such, setting aside of the transfer order on the basis of new rules is unsustainable in law.