TAKHELMAYUM THOIBA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Roshni Piba, learned Counsel for the petitioner. Also heard Mr. Y. Nirmolchand, learned Counsel for the private Respondent as well as Mr. Y. Ashang, learned Additional Government Advocate, Manipur.

(2.) Challenge in this case is the transfer and posting of the petitioner as Officer on Special Duty (for short OSD ) in the Directorate of Higher Education, Government of Manipur, from the post of Principal In-charge, Imphal College, Imphal.

(3.) Before we enter into the merit of the case, it is considered appropriate to discuss the provisions of rule and law relating to the post of Principal of a College and OSD in the Directorate of Higher Education. In conformity with the norms and qualification laid down by the UGC for the purpose of recruitment to the post of Principal of College, the Government of Manipur, though belatedly, issued Recruitment Rules (RR) dated 4.9.2002 for appointment to the post of Principal. As per this Recruitment Rules, the post of Principal in a Government College is to be filled up by direct recruitment through Public Service Commission and a candidate has to possess the qualification prescribed in Col-umn-7 of the aforesaid Recruitment Rules of 2002, in order to be eligible for consideration of appointment to the post of Principal of a College. Paras-1 and 2 of Column-7 are relevant for consideration of this case and, accordingly, they are quoted below: