R.K. YAISKUL SINGH Vs. MANIPUR PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioners who are 12 (twelve) in number have filed this writ petition challenging the advertisement dated 27.8.2013 issued by Manipur Public Service Commission (MPSC) in Annexure A/8 for appointment to the posts of Principals in Government Colleges as well as notification dated 29th August, 2013 in Annexure A/9 issued by Manipur Public Service Commission withdrawing the advertisement No. 2, dated 21.06.2008 for filling up of 25 posts of Principals in the Government Colleges in the State of Manipur. The case of the petitioners is that considering the academic qualifications, teaching experience and seniority, they were allowed to hold the posts in different Government Colleges as mentioned in para. 4 of the writ petition. At present petitioner Nos. 1 and 7 are serving in the Directorate of University and Higher Education, Govt., of Manipur as in-charge Addl. Director and Officer in Special Duty (OSD) respectively, having been transferred from their respective colleges.

(2.) Government of Manipur issued a notification on 4.09.2002 laying down the Recruitment Rules for the post of Principal, Government Colleges (Professor's Grade) except for professional colleges. As per the said Recruitment Rules, post of Principal is a direct recruitment post. The essential qualification for the post of Principal has been prescribed under the Rules and all the petitioners satisfied the qualification required for the purpose of direct recruitment to the post of Principal. On 13.06.2005, Secretary, Manipur Public Service Commission issued an advertisement for recruitment to 25 posts of Principal of different Government Colleges in the State with the qualification prescribed in the Recruitment Rules of 2002. Since all the petitioners except petitioner No. 12 possessed the prescribed academic qualification and teaching experience, they applied for the post. However, no recruitment process was undertaken in pursuance of the said advertisement dated 13.06.2005. On 21.06.2008, Secretary, Manipur Public Service Commission issued another advertisement for recruitment to the 25 posts of Principal in different Government Colleges with essential qualification prescribed in the Recruitment Rules and it was indicated therein that those who had submitted application in pursuance of the earlier advertisement dated 13.06.2005 need not apply again. By the time, second advertisement was published on 21.06.2008, the petitioner No. 12 had qualified and accordingly, submitted application and rest of the petitioners did not make any further application. Manipur Public Service Commission again did not take any steps for recruitment in pursuance of the advertisement dated 21.06.2008 and the recruitment process was stalled. On 30.06.2010, University Grant Commission (UGC), New Delhi formulated University Grant Commission (Minimum qualification for appointment of teachers and other academic staff in Universities and Colleges and other measure for maintenance of standard in Higher Education) Regulation, 2010. One of the essential qualifications prescribed under the said regulation is that a candidate has to secure the minimum score as stipulated in the Academic Performance Indicator (API) based on Performance Base Appraisal System (PBAS) as set out in the Regulation. Therefore, ignoring the earlier advertisements dated 13.06.2005 and 21.06.2008, Secretary, Manipur Public Service Commission issued the impugned advertisement for recruitment to the 25 posts of Principals in the different Government Colleges and essential qualification was as prescribed in the 2010 Regulation framed by the U.G.C.

(3.) Learned counsel for the petitioner, Mr. B.P. Sahu submitted that out of the 12 petitioners, 11 had the requisite educational qualification when they had submitted their respective applications for being appointed as Principals in pursuance of advertisement dated 13.06.2005. Similarly, all the petitioners had the required educational qualification for such appointment in pursuance of advertisement dated 21.06.2008. Therefore, when the Government of Manipur has already framed the Recruitment Rules for appointment to the posts of Principal in different Government Colleges, there was no necessity to follow the 2010 Regulation framed by the U.G.C. It was further submitted by Mr. B.P. Sahu, learned counsel for the petitioners that all the petitioners have the essential qualification prescribed under the 2010 Regulation framed by the U.G.C. except the requirement of Academic Performance Indicator (API). It was also contended by the learned counsel for the petitioners, Mr. B.P. Sahu that so far as the petitioners are concerned, Academic Performance Indicator based on PBAS has not been done and therefore, they are not in a position to submit their application for recruitment to the 25 posts of Principals available to be filled up in different Government Colleges.