JUDGEMENT
N.KOTISWAR SINGH, J. -
(1.)THE present appeal has been preferred against the judgment and order dated 14.9.2011 passed in W.P(C) No. 950 of 2002
by the State respondents. The said writ petition was disposed of with the
following directions : -
"8. That being the position, this writ petition is disposed of with the following directions: (i) The respondent Nos. 2 and 3 namely the Commissioner (Higher Education), Govt. of Manipur, and the Director of Education (U), Govt. of Manipur, shall ascertain the total sanctioned posts of Assistant Librarian in government colleges across the state and work out the number of posts to be kept reserved for S/T candidates in terms of the provisions contained in the 1976 Act, which shall be done within a period of one month from today; and (ii) The respondent No.2 and 3 shall, within 3 months thereafter, fill up the existing vacant posts of Assistant Librarian in the government colleges across the state in accordance with the provisions contained in the 1995 Rules, on regular basis. 9. Needless to say, if it is found that either or both the vacant posts of Assistant Librarian at MB College, Imphal and Lilong Haoreibi College, Lilong, are to be filled up by S/T candidates, the authority shall fill up those posts accordingly in terms of the 1995 Rules and 1976 Act."
(2.)THE writ petition arose out of a petition filed by the present respondent No.1, who belongs to Scheduled Tribe category. The
petitioner, who is regularly serving as a Library Counter Attendant in the
Pettigrew College, Ukhrul, was allowed to work as Librarian of the said
college on temporary basis. According to the petitioner, there are many
vacancies lying in the post of Assistant Librarian under the Government of
Manipur in different government colleges and as per the relevant
recruitment rules, 50 % of the posts of Assistant Librarian are to be filled
up by promotion from amongst eligible Counter Attendants. According to
the petitioner, as per the provisions of the Manipur Reservation of
Vacancies in Posts and Services (for SC and ST) Act, 1976, ( for short
Reservation Act of 1976), 31% of the posts are to be reserved for
Scheduled Castes and Scheduled Tribes. The petitioner, however,
contends that the said vacancies have not been filled up by giving
adequate representation to the Scheduled Tribe and Scheduled Castes
under the provisions of the aforesaid Reservation Act of 1976. According
to the petitioner, the petitioner is eligible for appointment to the post of
Assistant Librarian under the promotion quota and some of the existing
vacancies under the promotion quota are to be filled up by S/T
candidates. The State respondents filed their affidavit -in -opposition
contesting the claim of the writ petitioner.
However, on consideration of the pleadings on record and considering the conflicting claims made by the parties, it could not be ascertained as to the number of total sanctioned posts of Assistant Librarian in the Government colleges. Accordingly, the learned Single Judge, while disposing of the said writ petition, directed the authorities to ascertain the total sanctioned posts of Assistant Librarian in Government colleges in the State and to work out the number of posts to be kept reserved for S/T candidates in terms of the provisions contained in the Reservation Act of 1976, which was to be done within a period of one month and thereafter, fill up the existing vacant posts of Assistant Librarian in the Government colleges in the State on regular basis within a period of three months. The learned Single Judge also held that if either or both of the vacant posts of Assistant Librarian at MB College, Imphal and Lilong Haoreibi College, Lilong are to be filled by S/T candidates, the authorities shall fill up accordingly in terms of the Reservation Act of 1976 and the Rules framed thereunder.
We have heard the learned counsel appearing for the appellants as well as the respondents.
What had been directed by the learned Single Judge in para
No.8(i) in the impugned order dated 14.9.2011 was to undertake an
exercise to ascertain the total number of sanctioned posts of Assistant
Librarian in Government colleges in the State and also to work out the
number of posts to be kept reserved for S/T candidates in terms of the
provisions of the Manipur Reservation of Vacancies in Posts and Services
(for SC and ST) Act, 1976 and Rules framed thereunder. According to
the State appellants, there is no vacancy available for appointment by
persons belonging to ST category and as such this direction was not called
for. We do not find any basis or reason how the State respondents could
be aggrieved by such direction for ascertaining the number of total
sanctioned post of Assistant Librarian in the State and the number of
posts that may be filled up by ST candidates. If the State Government
after necessary verification finds that there are no vacancy available to be
filled up either by reserved or non reserved category, the matter would
end there and accordingly, the subsequent direction no (ii) would be
rendered infructuous as this direction at para no.8 (ii) will depend upon
the findings regarding the vacancy position to be arrived at by the
authorities while complying with the first direction.
Accordingly, as regards the second direction, we are of the view that if after necessary verification and ascertainment there are vacant posts of Assistant Librarian in the Government colleges available for direct recruitment quota, the authorities will be at liberty to take such steps as it may deem fit for filling up the said vacancies falling under the direct recruitment quota. However, as regards the vacancies falling under the promotion quota, if any, the authorities are bound to take necessary steps for filling up the said vacancies on regular basis, if there are eligible persons in the feeder posts as it is now well settled that the right to be considered for promotion is a fundamental right, which cannot be delayed indefinitely. Therefore, to that extent, we modify the second part of the direction at para No.8 of the learned Single Judge by directing the respondents No.2 and 3 to fill up the existing vacant posts, if any, of the Assistant Librarian falling under the direct recruitment quota as the authority may deem fit and proper in accordance with law, and as regards vacancies under promotion quota, to fill up the same in accordance with the relevant recruitment rules by taking into consideration reservation for the SC/ST candidates which the authorities would work out in terms of the first direction of Para No.8 of the judgment as expeditiously as possible, but not later than six months.
(3.)IN view of the above, the direction contained in para No.9 of the impugned judgment also stands modified to the extent that filling up
the vacant posts of Assistant Librarian, if any and not already filled up on
regular basis, will be made after the exercise mentioned above is carried
out by the authorities.