FEROZ KHAN Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-10-11
HIGH COURT OF MANIPUR
Decided on October 14,2019

FEROZ KHAN Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

- (1.) This writ petition has been filed by the petitioners seeking to issue a writ of mandamus directing the respondents to issue appointment letters/orders to the petitioners to the post of Assistant Professor in Mathematics as per the notifications dated 06.11.2017 and 14.11.2017 issued by the Secretary, Manipur Public Service Commission against unreserved vacancy.
(2.) The case of the petitioners is that they were the members of minority community (Meetei Pangal) of the State of Manipur and had passed their Master Degree in Mathematics and also qualified National Eligibility Test (NET) in Population Studies. The second respondent issued an Advertisement No.15/2014 dated 15.11.2014 inviting applications from the qualified candidates for direct recruitment to the post of Assistant Professors in various disciplines for filling up of vacancies in 28 Government Colleges under Higher Education Department, Manipur. The petitioners applied for the post and they were selected under the subject Mathematics vide notification dated 06.11.2017, followed with merit list of the selected candidates vide notification dated 14.11.2017 wherein also the petitioners names appeared at Serial Nos.16 and 17 under the subject Mathematics of the said list. However, a rider was added against their names in remark column that the selection is subject to their eligibility of NET in Population Studies. Since the petitioners have not been given any appointment order, they have filed the present writ petition.
(3.) The second respondent/Manipur Public Service Commission filed affidavit-in-opposition stating that in the Full Commission Meeting held on 08.03.2017, the recommendations in respect of the petitioners for the post of Assistant Professor in Mathematics was not confirmed, as the petitioners qualified NET in Population Studies only. As per the advice given by the UGC, the second respondent consulted with the experts and experts opined that Population Studies and Mathematics are quite different. The experts further opined that NET in Population Studies is not considered eligible in respect of Manipur University. The second respondent has accepted the views of the experts and the petitioners who were recommended against the unreserved vacancies were held ineligible for appointment to the post of Assistant Professor in Mathematics. Hence, prayed for dismissal of the writ petition.;


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