STATE OF MANIPUR, THROUGH THE COMMISSIONER/SECRETARY Vs. NGAZEK NGASAINAO

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment and order dated 14.9.2011 passed in W.P(C) No. 950 of 2002 by the State respondents. The said writ petition was disposed of with the following directions : -

(2.) THE writ petition arose out of a petition filed by the present respondent No.1, who belongs to Scheduled Tribe category. The petitioner, who is regularly serving as a Library Counter Attendant in the Pettigrew College, Ukhrul, was allowed to work as Librarian of the said college on temporary basis. According to the petitioner, there are many vacancies lying in the post of Assistant Librarian under the Government of Manipur in different government colleges and as per the relevant recruitment rules, 50 % of the posts of Assistant Librarian are to be filled up by promotion from amongst eligible Counter Attendants. According to the petitioner, as per the provisions of the Manipur Reservation of Vacancies in Posts and Services (for SC and ST) Act, 1976, ( for short Reservation Act of 1976), 31% of the posts are to be reserved for Scheduled Castes and Scheduled Tribes. The petitioner, however, contends that the said vacancies have not been filled up by giving adequate representation to the Scheduled Tribe and Scheduled Castes under the provisions of the aforesaid Reservation Act of 1976. According to the petitioner, the petitioner is eligible for appointment to the post of Assistant Librarian under the promotion quota and some of the existing vacancies under the promotion quota are to be filled up by S/T candidates. The State respondents filed their affidavit -in -opposition contesting the claim of the writ petitioner.

(3.) IN view of the above, the direction contained in para No.9 of the impugned judgment also stands modified to the extent that filling up the vacant posts of Assistant Librarian, if any and not already filled up on regular basis, will be made after the exercise mentioned above is carried out by the authorities.