- (1.)Both these petitions involve common questions of law and arguments advanced, by the parties are also common, the subject matter of challenge is also identical. In fact it was at the instance of learned counsel for the petitioners that these petitions were directed to be listed together as first item on 5.8.96 vide order sheet dated 3.7.96. These petitions are therefore disposed of by a common judgment.
(2.)The petitioners, numbering 521, claiming to have been appointed as 'Riflemen' in the State Police Force, are up in 'arms' against the State, challenging its action of cancellation of select list of 670 Rifleman, Annexure-A/15, as published on 22.2.96 as per Govt. order dated 13.3.96 filed as Annexure-16, which is reproduced hereunder, as it incidentally furnishes the gist of the State case as also the backdrop of facts and events in their chronological order leading to the cancellation of select list, Annexure-A/15 : "GOVERNMENT OF MANIPUR HOME: DEPARTMENT ORDERS Imphal, the 13th March, 1996. No.9/12(lll)/95-H : Whereas; complaints have been received questioning the validity of the constitution of the D.P.C. for recruitment to the post of 670 Riflemen in the Police Department and also questioning the Method/ test prescribed and followed by the D.P.C. while conducting the selection process as in terms of the Recruitment Rules published in 1993 for appointment to such post or not; AND Whereas it is discovered that the 670 posts of Riflemen sought to be filled up through a requisition dated 1.7.95, were, not clear vacancies; only anticipated vacancies and whereas the cabinet approval dated 19.6.95 was only to fill up clear vacancies to the post of Riflemen existed by then; AND Whereas, on enquiry, it is found that the vacancies available to the post of Riflemen at the time of requisition and cabinet decision as referred to above, was only 50 posts for which necessary appointment have already been issued. AND. Whereas the nomination of Shri Kh. Raghumani Singh, Under Secretary (Rev) as third member of the D.P.C. was never processed in any file of the D.P.C.-nor Home and as such his inclusion as third member of the D.P.C. is unauthorised, more so, when one Shri K. Somi, under Secretary (Works) was already nominated earlier as lawful third member of the D.P.C. by the Government. AND Whereas the test and the method prescribed by the DGP and followed by the DPC are not only invalid but the said manner also the same are also, outside the RR for Riflemen in as much as DGP has no authority under the RR to prescribe such test and method independent of and outside the RR; AND Whereas, the approval of the concerned Minister was not obtained before the announcement of the select list nor was the proceedings of the DPC approved by the Government in terms of the Government O.M.No. 1.6.91 / (DPC) / D.P. dated 5.1.95 ; AND Whereas in view of the nonavailability of the clear vacant posts to accommodate 670 Riflemen, the Selection made and published on 22.2.96 declaring 670 Riflemen as successful candidates are against no posts: In view of the above the Government holds that the entire process for selection of Riflemen followed by publication of selected list are invalid and illegal and accordingly the proceedings of the DPC selected list dated 1.2.96 is hereby cancelled for want of legal sanction. By orders etc. Sd/- (P. Bharat Singh) Addl. Secretary (H), Govt. of Manipur. Copy to: 1. The Secretary to the Hon'ble Chief Minister, Manipur. 2. The P.S. to the Chief Secretary, Manipur. The Director General of Police, Manipur.
(3.)In compliance of the Gbvt. order, Annexure-A/16, the D.G.P. on 22.3.96 issued a notification Annexure-A/17 notifying the cancellation of the Select list Annexure-A/15. Naturally the petitioners whose names figure in the select list Annexure-A/15, feeling aggrieved by the cancellation of the select list, have brought this petition inter alia on the grounds : (i) that the Respondent No. 3, Director General of Police in his letter dated 17.6.95, Annexure-4 lad clearly specified existing vacancies of 720 to the post of Riflemen; (ii) the State Cabinet accorded its approval to filling of the post vide letter dated 21.6.95, Annexure-A/5. (iii) Respondent No. 3, D.G.P. by his letter dated 29.7.95, Annexure-A/6 intimated the State Govt., the constitution of D.P.C. for the purpose of direct recruitment of Riflemen to be held from 7.8.95 and requesting the State Govt. to name its nominee, accordingly D.P.C., as per Annexuie-A/7, was constituted; (iv) the then Chief Secretary, who was also Secretary In-Charge, Home, nominated Shri Kh. Rajkumari Singh, an Under Secretory (Deptt. Revenue) as member of the D.P.C. vide U.O. dt 7.8.95, Annexure-9. (v) The Director, Employment Exchange was also approached for notifying the vacancies as per notification dated 10.7.95, Annexure-10, and more than 20,000 candidates appeared at the recruitment test. The D.P.C. proceedings was approved by Respondent No. 5 vide letter dated 3.11.95,Annexure-A/ll.