- (1.)Heard Mr. M.Devananda, learned counsel appearing for the petitioner, Mr. A. Vashu, learned G.A., appearing for the respondents- 1 and 2 and Mr. HS Paonam, learned Sr.counsel assisted by Mr. N.Bipin, learned counsel appearing for the respondent No.3.
(2.)In the year 1972 the Manipur Elementary & Secondary Education Act,1972 (hereinafter referred to as an Act) was enacted to establish a Board of Secondary Education to regulate, supervise and develop the system of Secondary Education in the State of Manipur. Upon enactment of the said Act, the Board of Secondary Education Manipur was established headed by its Chairman. With the enactment of the said Act, Rules were also framed by virtue of the provisions as contained in Section 12(3) of the said Act laying down conditions of the services, qualifications and mode of recruitment of the Chairman, Secretary and Controller of Examination. The said rule prescribes the eligibilities for the appointment on the post of Secretary, either on promotion or on deputation. The said rule read as follows :
"(a)PROMOTION:

Controller of Examination/Jt. Secy of the Board with 5 years reg. service.

(b) DEPUTATION:

(i) Administrator/Education Administrator of the level of the Deputy Secy. of the State Govt. or an equivalent post;

(ii) Principal of Govt. Degree College/Addl. Director of Edn./Dy. Registrar of a Univ. or an equivalent post with 5 years regu. service in the grade.

The deputation period will be limited to three years in the first instance, with maxm. Period of deputation extendable upto 4 years. The pay/salary payable to deputationist will be in accordance with the State rules governing the deputation."

(3.)As per the case of the parties since there was no eligible person in the Board of Secondary Education for appointment on promotion to the post of Secretary, the respondent No.1, Commissioner/Secy Education(S), Govt. of Manipur vide its letter dated 20.6.2014 requested the Director of Education (S), Director of Hr. Education Manipur; Registrar, Manipur University, Registrar, Central Agriculture University and Deputy Secretary (DP), Govt. of Manipur to furnish name of officers who are eligible to fill up the post of Secretary, Board of Secondary Education on deputation. Pursuant to that, the respondent No.3, being a Associate Professor working as such with effect from 16.8.2005, submitted application to the Director University & Higher Education on 11.7.2014 through the Principal, Moirang College which was forwarded to the concerned authority on 20.8.2014.
Thereupon, the Department of Hr. & Technical Education, Govt. of Manipur forwarded the applicationsof the petitioner and also two other Associate Professors for appointment to the post of Secretary on deputation to respondent No.1 vide letter dated 24.9.2014.