R.P. NINGON Vs. STATE OF MANIPUR AND OTHERS

JUDGEMENT

(1.) (Oral) - The dispute involves in this writ petition is with regard to the recommendation of DPC held in its meeting on 17.4.97 for promotion to the post of Assistant Director in the Food & Civil Supplies (FCS) Department. In the aforesaid DPC, the respondent Nos.5 to 12 have been recommended and on the basis of the aforesaid recommendation, they have been promoted to the post of Assistant Director. There is 110 dispute that the post of Assistant Director is a selection post and Inspectors of Food & Civil Supplies and Area Officers are the feeder post according to the recruitment rules.

(2.) By now it is well settled principle of law that when the post is selection post, the recommendation of the Selection Committee must be based on merit-cum-seniority. The criteria for considering the eligible candidates on merit is the ACRs/dossiers.

(3.) In this writ petition the allegation has been made that the selection is not based on merit-cum-seniority, but purely on the basis of final seniority list of the Inspectors. If the selection is made purely on the basis of final seniority list, merit has no place, therefore, it is ceased to be a selection post. It is only because of the aforesaid allegation, this Court called for the ACRs/dossiers of the respondents 5 to 12 and the petitioner considered by the Selection Committee in its meeting held on 17.4.97. Pursuant to the direction Mr. L. Shyam kishore Singh learned Senior Govt Advocate made available the ACRs in a sealed envelop and the same have been perused.