W.P. (C) No. 101 of 2008. Case: Moirangthem Raghumani Singh Vs The Manipur Public Service Commission and Ors.. Manipur High Court

Case Number:W.P. (C) No. 101 of 2008
Party Name:Moirangthem Raghumani Singh Vs The Manipur Public Service Commission and Ors.
Counsel:For Appellant: Kh. Tarunkumar, Advocate and For Respondents: I. Lalitkumar, Sr. Advocate assisted by Rojeshon, Advocate and Th. Sobhana, Govt. Advocate
Judges:Kh. Nobin Singh, J.
Issue:Constitution of India - Article 14
Judgement Date:January 23, 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 I. Lalitkumar, the learned Sr. Advocate assisted by Shri Rojeshon, the learned counsels appearing for the MPSC and Smt. Th. Sobhana, the learned Government Advocate appearing for the State respondents.

2. The instant writ petition has been filed by the petitioner praying for quashing/setting aside the impugned letter dated 20-09-2007 issued by the Manipur Public Service Commission (hereinafter referred to as "the MPSC"). Another prayer made in the petition is to direct the respondents to hold a special/fresh DPC for appointment on promotion to the post of Librarian of the Government College.

3.1 According to the petitioner, he was initially appointed as the Assistant Librarian at the United College, Chandel which was, at the relevant time, an Aided College vide order dated 05-04-1990 issued by the Chairman, Governing Body in pursuance of a resolution thereof. While the petitioner was serving in that capacity, the Under Secretary (DP), Government of Manipur published the Recruitment Rules, 1991 for appointment to the post of Librarian of the Government Colleges vide order dated 31-08-1991 and as per the said Recruitment Rules 1991, the post of Librarian is to be filled up by promotion failing which by direct recruitment. The essential qualifications prescribed therein are: (a) First or Second Class B.A./B.Sc./B.Com. Degree plus a First or Second M.Lib. Science Degree from a recognized University or (b) First or Second Class M.A./M.Sc./M.Com. Degree and 1st or 2nd class B.Lib. from a recognized University.

3.2 The United College, Chandel was taken over by the State Government vide its order dated 26-07-1996 and the petitioner along with other incumbents were appointed to their respective posts w.e.f. 01-06-1996 vide order dated 05-11-1996 issued by the Secretary (Higher Education), Govt. of Manipur subject to the conditions mentioned therein. Accordingly, the petitioner was appointed to the post of Assistant Librarian in the scale of pay of Rs. 1350-2200/- p.m. and after the petitioner having been appointed to the post of Assistant Librarian, he was permitted to undergo/enrol for studying Degree of Bachelor in Library and Information Science at Indira Gandhi National Open University which he completed in the year 1998. The petitioner underwent further studies of Master's Degree in Library and Information Science at the Indira Gandhi National Open University and after completion of the said courses in Library & Information Science, the petitioner submitted a representation dated 03-12-2004 to the Director of Hr. Education, Government of Manipur praying for grant of promotion to the post of Librarian through proper channel.

3.3 The Additional Director of University & Hr. Education, Government of Manipur issued a notification dated 01-08-2006 publishing the Seniority List of Assistant Librarians of the Government Colleges wherein the name of the petitioner appeared at Sl. No. 5. Pursuant to the said representation, the State Government proposed to the MPSC names of Assistant Librarians of the Government Colleges including that of the petitioner for promotion to the post of Librarian which was turned down by the MPSC vide its letter dated 20-09-2007, impugned herein, on the ground that as per the existing UGC Guidelines adopted by the Government of Manipur, the post of Librarian of Government Colleges is to be filled up by direct recruitment and there is no provision for appointment by promotion. Prior to availing of a copy of the said letter dated 20-09-2007, the petitioner submitted a representation dated 31-10-2007 to the Secretary, MPSC, Imphal requesting him to furnish a copy of the said proposal. Thus, being aggrieved by the said letter dated 20-09-2007, the instant writ petition has been filed by the petitioner.

4. The MPSC contested the petition by way of an affidavit-in-opposition wherein it is stated that the petitioner is not eligible for appointment by promotion to the post of Librarian as he passed the B.Sc. Examination in simple pass securing 48.4% only and the letter from the Registrar, Manipur University is not applicable so long as the essential qualification of 1st or 2nd Class B.A./B.Sc./B.Com Degree is in force. The second point raised in their affidavit is that there is no provision for appointment by promotion to the post of College Librarian under the UGC Guidelines which govern the terms and conditions as well as the scale of pay of the College Lecturers and Librarians. It is further stated that UGC Guidelines are to be followed strictly and in this regard, the Ministry of...

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