WAITING HINDI MATRICULATE TEA CHERS ASSOCIATION Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 19.5.97 passed by the learned Single Judge dismissing Civil Rule No. 365/97 filed by the appellant.

(2.) The facts briefly are that the appellant is an Association of some candidates who are recommended and placed in the waiting list prepared for appointment to the post of Hindi Matriculate Teachers by a DPC held during 18.10.89 to 26.10.89. The case of the appellant is that the members of the appellant Association placed in the waiting list of candidates for appointment to the post of Hindi Matriculate Teachers were not appointed by the State respondents despite the fact that during the period of one year when the said panel of wait listed candidates were valid vacancies arose in the post of Hindi Matriculate Teachers not only due to death/retirement of existing incumbents but also on account of promotion of Hindi Matriculate Teachers to higher posts. Aggrieved, some of the members of the appellant Association initially submitted representations to the Director of Education (Schools), Manipur. As no action was taken on the said representations, they filed Civil Rule Nos. 2269/ 91/171/91, 2965/91/244/91 and 508/92 which were disposed of by this Court with the direction to the Director of Education (Schools) Manipur, to dispose of the representation of the said members of the appellant Association. Despite the said direction of this Court, the members of the appellant Association were not appointed to the post of Hindi Matriculate Teachers and the appellant Association thus moved this Court again in Civil Rule No. 365/97 with a prayer to direct the State respondents to appoint the members of the appellant Association against the existing post of Hindi Matriculate Teacher. Since the Director of Education (Schools), Manipur, had sent a fresh requisition to the Director of Employment, Manipur, in his letter dated 28.3.97 for recruitment of the candidates to the post of Hindi Matriculate Teachers, a prayer was also made in the said Civil Rule for quashing the said letter dated 28.3.97 of the Director of Education (Schools) Manipur. The learned Single Judge by the impugned judgment and order dated 19.5.97 dismissed the Civil Rule holding that the members of the appellant Association having been placed in the waiting list by the DPC had no right to get appointment to the post of Hindi Matriculate Teachers.

(3.) Mr. B.P. Sahu, learned counsel for the appellant, vehemently submitted that the recommendation of the DPC available in the records of the State Government would show that the members of the appellant Association were recommended for being appointed to the vacancies which would have arisen during the year 1990. He further submitted by referring to the Annexures to the Civil Rule as well as Writ Appeal that a large number of vacancies were caused on account of promotion of Hindi Matriculate Teachers to higher posts and according to appellant as many as 54 such vacancies were caused on account of such promotion on 27.7.90. He further submitted that the Apex Court in the case of State of Bihar -Vs- Secretariat Assistant Successful Examinees Union 1986 & Ors. (1994) 1 SCC 126, upheld the judgment of the Patna High Court by which directions were given to fill up vacancies which existed till 31.12.88 on the basis of the candidates selected in an examination held in the year 1987. Mr. Sahu contended that this Court should also following the said judgment of the Apex Court, direct in the peculiar facts and circumstances of the case that the vacancies now exiisting in the post of Hindi Matriculate Teachers be filled up from amongst the candidates in the waiting list recommended by the DPC in the year 1989. In this context, Mr. Sahu referred to the letter dated 1.10.92 of the Director of Education (Schools) Manipur, address;ed to the Commissioner Education, Government of Manipur, wherein he had dealt with the vacancy position and had recommended that the appointment of 31 members of the appellant Association be made against 31 vacancies in the post of Hindi Matriculate Teachers. The aforesaid recommendation was made by the Director of Education (Schools) Manipur, to the Commissioner Education, Government of Manipur in the context of disposal of the representations of the members of the appellant Association which were directed to be disposed of by this Court in the earlier three Civil Rules referred to above. Mr. Sahu contended that since the Director of Education (Schools) Manipur had made a recommendation for filing up 31 vacancies in the post of Hindi Matriculate Teachers from amongst the members of the appellant Association who were placed in the waiting list in the year 1989, this is a fit case in which this Court should direct the State respondents to appoint 31 members of the appellant Association to the post of Hindi Matriculate Teachers.