Chongtham Bijaya Devi & 6 Ors. vs State Of Manipur & Anr

Ahanthem Bimol Singh, J

Heard Mrs. H. Bisheshwari, learned counsel appearing for the petitioners.

Issue notice, returnable within four weeks.

Mr. Y. Ashang, learned Government Advocate entered appearance and accepts notice on behalf of the respondents, hence, no formal notice is called for.

The case of the petitioner is that on the concession given by the Government in the earlier proceedings, this Court had already passed two orders thereby directing the respondents to consider the cases of the present petitioners for relaxation of their upper age limit for the purpose of enabling them to appear before subsequent recruitment proceedings.

In purported compliance of the directions given by this Court, the Secretary, Veterinary and Animal Husbandry Department had issued an order dated 07.12.2022 to the effect that the matter of relaxation of upper age limit being a policy decision of the State Government is beyond the jurisdiction of the Administrative Secretariat, (Vet. & A.H.) and accordingly, the Administrative Department has initiated the process to place the matter before the competent authority for appropriate decision and that the decision of the competent authority will be conveyed to the petitioners.

It has been submitted by the learned counsel appearing for the petitioners that before a decision is being taken by the Government, the Government is proceedings with the recruitment process of Veterinary Officers for appointment on contract basis against 33 Veterinary Officers to be appointed on contract basis in connection with the centrally sponsored scheme. It has been submitted on behalf of the petitioners that unless the petitioners are allowed to compete in the said selection process, the purpose of the present writ petition will be defeated. The learned counsel accordingly prayed that pending decision of this writ petition by this Court as well as pending a decision of the Government with regard to the relaxation of the upper age limit of the present writ petitioners as directed earlier by this Court, the present writ petitioners be allowed to submit their application and to join in the selection process.

Mr. Y. Ashang, learned Government Advocate appearing for the respondents submitted that he needs to obtain instructions from the authorities to file detail affidavit.

As prayed for, list this case again on 07.02.2023. In the meantime, it is hereby directed that the petitioners should be allowed to submit their application forms and to compete in the selection process in connection with the notification dated 10.11.2022 for the post of Veterinary Officer which is to be appointed on contract basis. It is also made clear that the result in respect of the present writ petitioners shall be subject to the outcome of this present writ petition as well as any decision taken by the Government with regard to the relaxation of their upper age limit.