NINGTHOUJAM CHANDIKUMAR SINGH Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-10-1
HIGH COURT OF MANIPUR
Decided on October 24,2019

Ningthoujam Chandikumar Singh Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

- (1.) This writ petition has been filed by the petitioner seeking a Writ of Certiorari calling for the records in relation to the impugned order dated 12.09.2016 passed by the second respondent and consequently, direct the respondents to consider the case of the petitioner for appointment to the post of Inspector of Co-operative Societies in the Co-operative Department under the sports meritorious scheme without further delay in view of the direction given in W.P. (C) Nos.19 of 2007 and 632 of 2013 by relaxing the age and also having regard to the continuous process of appointment on direct recruitment against available vacancies.
(2.) The case of the petitioner is that he is a graduate degree holder in Economics and is an outstanding National player in the discipline of Hockey. He had participated in many National championships organized by different states in the country, representing the State of Manipur as a player as well as coach of State of Manipur. The petitioner had earlier approached this Court by filing W.P. (C) Nos.19 of 2007 and 632 of 2016 praying inter alia for considering his case for appointment to the post of Inspector of CoWP(operative Societies in the Co-operative Department under sports quota. The said writ petitions were disposed of by directing the respondents to consider the case of the petitioner for appointment to the post of Inspector of Co-operative Societies under sports quota. However, the respondents have not considered the case of the petitioner and issued the impugned order dated 12.09.2017 stating that he cannot be considered for appointment to the post of Inspector of co-operative societies. Challenging the same, the petitioner has filed the present writ Petition.
(3.) Resisting the writ petition, the respondents filed affidavit-in-opposition stating that the process of adjustment of Inspectors of Cooperative Societies, who were holding the supernumerary post to the vacant original posts of Inspector of Co-operative Societies, is not related with direct recruitment. It is part of the process of streamlining MGEL of the Department and no direct recruitment can be made unless ban on direct recruitment is lifted. It is stated that the department has no mala fide intention while issuing the speaking order stating that the petitioner cannot be considered for appointment to the post of Inspector Co-operative Societies. The HSLC Examination Certificate of the petitioner shows date of birth of the petitioner as 19.02.1967. On 18.08.2016, that is the month prior to the issuing of speaking order and notification of advertising the posts, the petitioner was aged 49 years and 6 months.;


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