PAOLUN TUBOI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) <DJG>P.G. AGARWAL, J.-</DJG> Heard Mr K. Rabei Singh, learned counsel for the petitioners and Shri N. Pramodchandra Singh, learned Sr. Counsel for the respondents.

(2.) These two writ petitions are being disposed of by this common judgment and order as same question of facts and law are involved.

(3.) This matter is in respect of filling up of vacancies in Grade-II of M.C.S. As per the M.C.S. Rules, 1965 as amended from time to time, 50% of the substantive vacancies are required to be filled up by direct recruitment and remaining 50% of such vacancies by promotion from amongst the officers mentioned in Schedule-II of the said rules. In the year, 1998 there were total 7 (seven) vacancies meant for filling up by promotion and accordingly the concerned Department submitted a requisition and also forwarded the list of 20 candidates for consideration. The petitioners are the members of the S.C. and S.T. and they are the holder of the post in the feeder cadre. The case of the petitioners is that as per the Manipur Reservation of Vacancies of Posts and Services (for SCs and STs) Rules, 1979 (hereinafter referred to as rules) and as per the roster out of 7 vacancies, 3 should go to the General, 3 for the S.T. and 1 for S.C. The further case of the petitioners is that while making the proposal, the Govt. has not prepared a separate list of eligible candidates belonging to reserved category (ST/ SC) falling within the zone/extended zone of consideration and the list submitted is against the rules and regulations. The petitioners therefore pray for a direction to prepare a separate list of SC/ST officers according to the 100 point roster.