JASTI CHELAMESWAR,CJ. - (1.) HEARD Mr. G. N. Sahewalla, learned senior counsel for the appellant and Mr. S. Jayanta, learned counsel for the respondent.
(2.) THIS is an appeal arising out of a judgment dated 18. 9. 07 in WP (C) No. 273/07 by the respondents therein. The sole respondent herein was the writ petitioner. The respondent is in the employment of a statutory corporation known as the Board of Secondary Education, Manipur created under the Manipur Elementary and Secondary Education Act, 1972, a body corporate with perpetual succession and a common seal. Section 12 of the said Act declares the Chairman, Secretary and the Controller of Examinations shall be the officers of the Board to be appointed by the State Government sub-section (2) of Section 12 authorises the Board to appoint such other officers and employees as it considers necessary. Section 12 of the Act reads as follows :- "12 (1) The following shall be officers of the Board who shall be appointed by the State Government. (i) The Chairman; (ii) The Secretary; and (iii) The Controller of Examinations (2) The Board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under the Act on such terms and conditions as may be determined by regulations. "
(3.) UNDISPUTEDLY the respondent was appointed by the Board in exercise of the powers under Section 12 (2) of the above mentioned Act.;