SMT. TINGVOWON A SHIMRAY Vs. THE STATE OF MANIPUR THROUGH THE COMMISSIONER/SECRETARY (INDUSTRIES)

JUDGEMENT

(1.) This writ appeal arises out of the judgment and order of the learned single Judge dated 4.9.2009 in WP(C) No. 453 of 2009. The appellant was the petitioner in the writ application. The State respondents initiated process for filling up of the post of Asst. Director (Handloom). The appellant, challenging the process, filed W.P.(C) No. 121 of 2008 on the ground that reservation policy has not been followed and the post should be filled up by a candidate belonging to ST. Initially Court passed an interim order on 14.3.2008 directing the State respondents not to fill up one post of Asstt. Director in the Department of Commerce & Industries. Later on, the said interim order was challenged before a Division Bench by a private respondent who was one of the aspirants for selection to the said post. The Division Bench of this Court disposed of the said writ appeal on 21.5.2008 with the following order:

(2.) Thereafter, the writ application out of which this appeal arises, was filed by the petitioner praying for filling up of the post of Assistant Director (Design) in the Department of Commerce & Industries by following the backlogged carry-forward rules within a specified time. The said prayer of the petitioner (appellant) was opposed by the State respondents on the ground that there is one post of Assistant Director (Design) and one post of Assistant Director (Handloom) and they are single posts in their respective cadres. Therefore, in terms of the decision of the Apex Court reported in : 1998 4 SCC 1 a single post in the cadre could not be reserved which shall amount to 100% reservation. The learned single Judge, in the impugned order, accepted the stand taken by the State respondents and dismissed the writ petition.

(3.) Mr. Tarunkumar, learned counsel appearing for the appellant, challenging the impugned order of the learned Single Judge, placed reliance on a letter written by the Under Secretary (Commerce & Industries), Govt. Of Manipur to the Secretary, Manipur Public Service Commission, Imphal dt. 26.5.08 in which the Under Secretary has intimated that Assistant Director of Industries (Handloom) and Assistant Director of Commerce & Industries (Design) are of the same cadre having its own nomenclature governed by a single Recruitment Rules. Relying on the above, it was contended by Mr. Tarunkumar that since there are two posts available in the same cadre, reservation policy can be made applicable and the finding of the learned Single Judge that both the posts are single posts in their respective cadres, is not born out from the record.