Khundrakpam David Chand vs State Of Manipur & Ors

Kh. Nobin Singh, J

[1] Heard Shri B.P Sahu, learned Senior Advocate appearing for the petitioners and Shri Y. Ashang, learned Government Advocate appearing for the State respondents.

[2] By the instant writ petition, the petitioners have prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to issue appointment orders/letters appointing the petitioners as Veterinary Field Assistant.

[3.1] Facts and circumstances as narrated in the writ petition, are that the petitioners are unemployed youths of the State of Manipur seeking appointments in suitable posts commensurate with their educational qualifications.

[3.2] The Director, Vety. & A.H. Services, Manipur issued a Notification dated 07.09.2016 inviting applications from amongst the eligible and qualified candidates for direct recruitment to the post of Veterinary Field Assistant as against 10 (ten) posts reserved in various categories under the Veterinary Department, Manipur. The petitioners being eligible applied for it. After the selection process being completed, the Director, Veterinary & A. H. Services, Manipur issued a Notification dated 29.11.2016 declaring that the petitioners were selected for appointment to the post of Veterinary Field Assistant. By the said Notification, the petitioners were informed to report to the Directorate of Veterinary & A. H. Services, Sanjenthong for collection of offer forms and other necessary documents for issuance of appointment orders. On 30.11.2016 the Directorate of Veterinary & A.H. Services, Manipur issued offer forms/ memoranda in favour of the petitioners by which the petitioners were asked to convey their acceptances for appointment to the said post.

[3.3] Two writ petitions being W.P.(C) No. 293 of 2016 and W.P.(C) No. 977 of 2016 came to be filed by some persons questioning the validity and correctness of the Notification dated 29.11.2016 issued by the Director, Vety. & A.H., Manipur. The case of the petitioners therein was that sometime in the year 1999, they applied for appointment to the post of Veterinary Field Assistant for which a D.P.C was held from 15th June, 1999 to 19th June, 1999 and the result thereof could not be declared in view of the Government order dated 06.11.1999 issued by Chief Secretary, Government of Manipur to the effect that the existing vacancies would be frozen until further orders in public interest. The stand taken by the State Government in the said writ petition being W.P.(C) No. 293 of 2016, as is evident from the court's order dated 02-11-2017, was that since the petitioners therein had become over-aged, they could not be considered for appointment as Veterinary Field Assistant.

[3.4] After having heard the learned counsels appearing for the parties therein and in particular, the submission made by the learned counsel appearing for the petitioners therein that the petitioners were eligible and were within the age limit at the time when the D.P.C was held and that the State Government should take a sympathetic view as regards the relaxation of their age, this Court disposed of the said two writ petitions vide its order dated 02.11.2017 with the direction that the State Government should consider the case of the petitioners therein within a period of three months from the date of receipt of a copy of this order as regards the relaxation of their age and for appointment keeping in mind the fact that they were eligible at the time when the D.P.C was held in the year, 1999.

[3.5] After the said order dated 02.11.2017 having been passed by this Court, the learned counsel appearing for the State Government vide its letter dated 08.11.2017 informed the State Government that there was no bar in the Court's order as regards the appointment of the private respondents therein, i.e., the petitioners herein for allowing them to join as Veterinary Field Assistant.

[3.6] Even after a year having lapsed from the day i.e., 02.11.2017 on which the said two writ petitions had been disposed of, the State respondents did not issue appointment orders in favour of the present petitioners. Being aggrieved by the inaction on the part of the State respondents, the petitioners have filed the present writ petition on the inter-alia grounds that the acts of the respondents in not appointing the petitioners, by issuing appointment orders in their favour, to the post of Veterinary Field Assistant in Department of Veterinary & A.H. Services, Manipur are unreasonable, arbitrary and illegal.

[4] The stand taken by the State respondents as indicated in the affidavit filed on their behalf by the Under Secretary, (Veterinary & A.H. Services), Manipur is that in compliance with the Court's order dated 02.11.2017, the respondent No. 2 i.e., the Director, Veterinary & A. H. Services, Manipur addressed a letter dated 31st January, 2018 to the Administrative Department for obtaining necessary decision of the State Cabinet and that the approval of the State Cabinet is still awaited. It has also been stated in the affidavit that the Notification dated 29.11.2016 on the basis of which the petitioners were selected, was suspended vide an interim order dated 09.12.2016 passed by this Court in the said two writ petitions and accordingly, the Government order dated 02.01.2017, with the approval of the State Government, was issued keeping the issuance of appointment order in abeyance.

[5] It is not in dispute that pursuant to the Notification dated 29.11.2016, the process of selection was initiated and after the process of selection having been completed, Offer Forms were issued to the petitioners and even the Medical Verification had also been done. But as has been stated in the affidavit filed on behalf of the State Government, because of the interim order dated 09.12.2016 passed by this Court in writ petition being W.P.(C) No. 977 of 2016, the appointment orders could not be issued by the State Government. But it may be noted that the said writ petition being W.P.(C) No. 977 of 2016 had been disposed of by this Court vide its order dated 02.11.2017 with the direction that the State respondents should consider the cases of the petitioners therein. Since the said writ petition had been disposed of, the interim order dated 09.12.2016 passed by this Court therein stood merged with the main order. The net result is that there is no any Court's order which prevents or restraints the State Government from issuing appointment orders in favour of the petitioners. Therefore, it has been submitted by the learned counsel appearing for the petitioners that the appointment orders can now be issued by the State respondents as there is not bar from issuing them in favour of the petitioners. The contention of the learned counsel appearing for the petitioners has some force and substance for the reason that the process of selection was almost complete, except for issuing appointment orders and there is no material on record to show that the said process of selection had been either withdrawn or cancelled by the State Government. If that be the case, the State Government being an institution and a welfare State, has to act fairly and reasonably and therefore, there is no reason as to why the petitioners shall be denied the appointment orders. In fact, the petitioners may not have the right to be appointed automatically as Veterinary Field Assistant but the State Government is duty bound to complete the process of selection for which only the appointment orders are yet to be issued by it. Therefore, the non-issuance of appointment order, without any cogent and valid reasons, in fovour of the petitioners is unfair and unreasonable being violative of Article 14 of the Constitution of India.

[6] In view of the above, the present writ petition is allowed with the direction that the State respondents shall issue appointment orders in favour of the petitioners within a period of 3 (three) months from the date of receipt of a copy of this order. There shall be no order as to costs.