W.P. (C) No. 789 of 2011. Case: M. Achoubi Singh Vs The State of Manipur and Ors.. Manipur High Court

Case Number:W.P. (C) No. 789 of 2011
Party Name:M. Achoubi Singh Vs The State of Manipur and Ors.
Counsel:For Appellant: Kh. Tarukumar, Advocate and For Respondents: H. Debendra, Govt. Advocate and I. Denning, Advocate
Judges:Kh. Nobin Singh, J.
Issue:Service Law
Judgement Date:January 31, 2017
Court:Manipur High Court
 
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Judgment:

Kh. Nobin Singh, J.

  1. Heard Shri Kh. Tarunkumar, the learned counsel appearing for the petitioner; Shri H. Debendra, the learned Government Advocate appearing for the State respondents and Shri I. Denning, the learned counsel appearing for the MPSC, the respondent No. 3.

  2. The instant writ petition has been filed by the petitioner praying for a direction to the respondents to promote him to the post of Principal, Hindi Teachers' Training College, Imphal.

    3.1 According to the petitioner, he was initially appointed as Lecturer of the Government College in Hindi on ad-hoc basis on 01-09-1984 and his ad-hoc service was later regularized and placed in the Grade of Sr. Lecturer with effect from 07-08-1995. On 07-10-1998, the Under Secretary (Higher Education), Government of Manipur issued an order by which one Dr. Markendeya Rai was appointed on promotion to the post of Principal, Hindi Teachers' Training College, Imphal on regular basis.

    3.2 On 07-07-2003, the Deputy Secretary (Higher Edn.), Government of Manipur issued an order by which the Final Seniority List of the Lecturers of Hindi Teachers' Training College, Government of Manipur was notified wherein the petitioner appeared at Sl. No. 2. On 25-05-2007, fifteen Selection Grade Lecturers including the petitioner were placed in the Grade of Readers and so far as the petitioner is concerned, he was placed in the Grade of Reader with effect from 02-04-2002.

    3.3 Dr. Markendeya Rai, the Principal, Hindi Teachers' Training College, Imphal retired from service on attaining the age of superannuation on 31-07-2009 and thereafter, the post of Principal of the said College remained vacant till when the petitioner was allowed to look after it vide order dated 01-08-2009 issued by the Under Secretary (Higher Education), Government of Manipur. The petitioner being the senior most and eligible lecturer of the said Hindi College submitted a representation dated 24-05-2011 praying for consideration of his case for appointment on promotion to the post of the Principal on regular basis. Since the respondents did not pay any attention to the said representation, the petitioner got a legal notice served upon the respondents and in response thereto, the Additional Director of University & Higher Education, Government of Manipur addressed a letter dated 17-10-2011 to the Advocate of the petitioner wherein it was informed that the post of Principal, Hindi Teachers' Training College, Imphal would be filled up by way of direct recruitment as per the qualifications prescribed in the UGC Regulation, 2010 as adopted by the Government of Manipur. Being aggrieved by the inaction on the part of the respondents, the petitioner did file the instant writ petition.

  3. Contesting the said writ petition, an...

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