BASIRJAN BEGUM Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Shri M. Hemchandra, learned counsel appearing for the petitioner; Shri S. Nepolean, learned Govt. Advocate appearing for the State respondents, Shri A. Modhuchandra, learned counsel appearing for the respondent No. 6 and Shri H. Ishwarlal, learned counsel appearing for the respondent No. 5.

(2.) BY the present writ petition, the petitioner has challenged the entire DPC proceedings for appointment of a graduate teacher and has prayed for quashing the letter dated 27 -01 -2015 recommending the respondent No. 6 namely Md. Ferozuddin for filling up the said graduate post. Ccording to the petitioner, she was initially appointed as assistant undergraduate teacher (unapproved) in the Khergao Junior High School against the additional post created vide Government's order dated 04 -04 -1986 and her appointment was approved vide order dated 16 -04 -1987 issued by the Inspector of Schools, I.D. Zone -II, Government of Manipur. While the petitioner was serving in that capacity, she was declared as a graduate teacher vide order dated 27 -05 -2003 issued by the Secretary on the basis of Resolution No. 2 dated 23 -05 -2003 of the School Managing Committee with effect from 11 -10 -2000.

(3.) THE present writ petition is contested by the respondent No. 6 by filing an affidavit wherein it is stated that he joined service as an unapproved graduate teacher vide appointment order dated 22 -01 -2007 and thereafter, he was appointed as Head Master on in -charge basis vide order dated 02 -04 -2012 issued by the Secretary. According to the respondent No. 6, in order to fill up 219 vacant posts by way of adjustment from amongst the unapproved teachers, the Administrative Department prepared a cabinet memo whereupon a decision was taken by the cabinet in its meeting held on 13 -02 -2014 and after the cabinet's decision, the Principal Secretary (Education/S) issued an order dated 20 -06 -2014 for appointment/adjustment against the existing vacancies. Thereafter, the Zonal Education Officer, Zone -II published a tentative seniority list as on 23 -02 -2014 wherein the name of the respondent No. 6 had figured. It is further stated that so as to finalise the list of unapproved teachers and as instructed by the Director of Education vide its letter dated 15 -01 -2005, the Zonal Education Officer, Zone -II addressed a letter dated 16 -01 -2015 enclosing therewith the prescribed formats to the President of the School Managing Committee requesting him to fill in the formats and after having filled in the formats, the School Managing Committee submitted the same to the Zonal Education Officer, Zone -II who forwarded the same to the Director of Education (S), Government of Manipur vide its letter dated 27 -01 -2015. The meetings of the State Level Selection Committee was to be held for appointment/adjustment from the eligible unapproved teachers against the vacant post of 219 caused by the retirement on superannuation pursuant to a policy decision taken by the State Government. The learned counsel appearing for the respondent No. 6 has relied upon the decisions rendered by the Hon'ble Supreme Court in the case of S.P Chengalvaraya Naidu (dead) by lrs v. Jaganath (dead) by lrs, : (1994) 1 SCC 1; Prestige Lights Ltd. v. State Bank of India, : (2007) 8 SCC 449; Devika Kumbang & ors. v. State of Assam & ors., : 2005 (1) GLT 83 and, 2011 (4) GLT 220.