JUDGEMENT
Kh. Nobin Singh -
(1.)Heard Shri M. Devananda, learned counsel appearing for the petitioner; Shri B.P. Sahu, learned Senior Advocate appearing for the Manipur University and Shri M. Hemchandra, learned Senor Advocate appearing for the private respondents.
(2.)By the instant writ petition, the petitioner has prayed for issuing a writ of certiorari or any other appropriate writ to quash and set-aside the offer letters dated 16.12.2015 issued by the Registrar, Manipur University in favour of the private respondents and its consequential appointments in respect of the post of Section Officer, Manipur University.
(3.)***
[3.1] Facts and circumstances as narrated in the writ petition, are that the Registrar, Manipur University issued a notification dated 22.10.2014 inviting applications from amongst the eligible candidates for appointment to various posts including the Section Officer and after the applications being received from amongst the candidates for the post of Section Officer, the Manipur University displayed the names of 13 eligible candidates on its notice boards- one, at the main gate and two, in the Administrative Block.
[3.2] Thereafter, the Deputy Registrar, Manipur University issued a notification dated 26.08.2015 informing generally the eligible candidates that they were eligible to appear at the written test and that they should submit their 4 (four) recent passport size photographs on or before the 04.09.2015. The written test was held on 12.09.2015 wherein all the said 13 eligible candidates had appeared. After the written test being conducted, the Deputy Registrar, Manipur University vide its letter dated 01.12.2015 informed the petitioner to sit for the interview to be held on 05.12.2015 and accordingly, the petitioner appeared before the Selection Committee on 05.12.2015 as informed by the Deputy Registrar, Manipur University.
[3.3] The result of the said examination was not declared at all by the Manipur University and consequently, the selection list was not published nor was it uploaded in the Manipur University website. However, the Registrar, Manipur University issued offer forms to the Private Respondents vide its letter dated 16-12-2015 containing the terms and conditions mentioned therein. Being aggrieved by the actions of the Manipur University, the petitioner approached the State Public Information Officer, Manipur University by way of an application dated 10.10.2016 under the provisions of the Right to Information Act praying for furnishing information sought for therein which were not furnished to him. The petitioner was compelled to approach the appellate authority of the Manipur University which also failed to furnish the information without assigning any reason thereof. Being aggrieved further by the inaction on the part of the Manipur University, the petitioner approached this Court by way of a writ petition being WP(C) No.1032 of 2016 praying for a direction to the Manipur University to furnish the information.
[3.4] The said offer letters dated 16.12.2015 came to be challenged by the petitioner by way of the instant writ petition on the inter-alia grounds that although the Manipur University issued the advertisement to fill up 3(three) posts of Section Officer- two for unreserved category and one for the Scheduled Caste, it proceeded for appointment of 4(four) private respondents; that the reservation norms have been violated by the Manipur University and that the selection process was not conducted in a transparent manner which is unreasonable and arbitrary being violative of the provisions of the Article 14 and 16 of the Constitution of India. After the instant writ petition being filed, the petitioner filed an additional affidavit enclosing therewith the information furnished by the Manipur University vide its letter dated 21.02.2017 wherein it has been stated that there is no selection list for the post of Section Officer but the offer forms have been issued to the private respondents.
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