KABORAMBAM SANDEEP SINGH v. The State of Manipur & Ors.

Ms. Paonam Lily Chanu, aged about 34 years, D/O (L) P. Shyam Kanhai Singh, resident of Sagolband Khamnam Bazar, Soyam Leirak, P.O. & P.S. Lamphel, Imphal West District, Manipur – 795004. …Respondent BEFORE HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON'BLE MR JUSTICE AHANTHEM BIMOL SINGH For the appellants/applicants : Mr. N. Kumarjit, Advocate General For the respondent : Mr. A. Mohendro, Advocate Date of Order : 14.02.2022 W.A. No. 16 of 2022 with MC (W.A.) No. 34 of 2022 ORDER (ORAL) Sanjay Kumar (C.J.): [1] The State of Manipur and its officials are in appeal against the Judgment and Order dated 27.09.2021 passed by a learned Judge of this Court in W.P. (C) No. 628 of 2020. By way of MC (W.A.) No. 34 of 2022 filed therein, they also seek stay of the impugned Judgment and Order. [2] Heard Mr. N. Kumarjit, learned Advocate General, Manipur, appearing for the appellants/applicants; and Mr. A. Mohendro, learned counsel, appearing for the respondent. [3] W.P. (C) No. 628 of 2020 was filed by the respondent herein seeking a direction to the authorities to consider her case for appointment to a suitable post in the Police Department, Manipur, taking into account her meritorious achievements in the field of sports (Archery), in terms of the Office Memorandum dated 17.10.1998 issued by the Department of Personnel & Administrative Reforms (Personnel Division), Government of Manipur. [4] It is not in dispute that the respondent is highly meritorious in Archery and represented India at National and International levels. In addition to her credentials in the field of Archery, she also holds a B.A. degree in Geography (Hons.) from Manipur University. She submitted representation dated 11.12.2017 seeking appointment to a suitable post, preferably as an Inspector of Police in the Home Department, Government of Manipur, by virtue of her sports achievements. [5] As no action was taken thereon, she filed the subject writ petition. Pursuant to the interim order dated 21.01.2021 passed therein, the process was initiated but there was no real positive development. The police department merely requested the Home Department to take necessary further action stating, W.A. No. 16 of 2022 with MC (W.A.) No. 34 of 2022 inter alia, that if the petitioner was meritorious in sports, she could appear in the recruitment test for appointment to Class-III/Class-IV posts, against vacancies meant for meritorious sports persons under the reserved quota. [6] Significantly, the respondent had earlier filed W.P. (C) No. 84 of 2017 before this Court seeking employment in the Directorate of Youth Affairs and Sports on the strength of her sports achievements. By order dated 24.03.2017, this Court disposed of the said writ petition directing the State authorities to consider her earlier representation dated 15.07.2015 within a time frame. However, no fruitful result emerged from the exercise at that point of time. [7] Taking note of the aforestated details and also the fact that Mirabai Chanu, a Silver Medallist in the recent Olympics, was given appointment as an Additional Superintendent of Police by the State Government, the learned Judge expressed the view that the Government should extend the same benefit to the respondent herein. The learned Judge accordingly allowed the writ petition and directed the State authorities to appoint her, preferably as an Inspector of Police in the Police Department of Manipur, on the strength of her meritorious achievements in the field of Archery. This exercise was directed to be completed within a time frame [8] Mr. N. Kumarjit, learned Advocate General, Manipur, would state that the Office Memorandum dated 17.10.1998 holds the field in so far as recruitment of meritorious sportspersons is concerned and contend that the learned Judge ought to have directed ‘consideration’ of the respondent’s case thereunder instead of issuing a positive direction for her appointment within a time frame. He would further state that, in terms of the said Office Memorandum, such appointment is to be given only to Class-III and Class-IV posts, whereas the post of Inspector of Police is a Class-I/Class-II post. W.A. No. 16 of 2022 with MC (W.A.) No. 34 of 2022 [9] However, we find that the Office Memorandum dated 17.10.1998 does not restrict recruitment of meritorious sportspersons only through the routine procedure of regular recruitment through advertisement. This aspect is clear from Clause-5 of the said Office Memorandum which deals with seniority. It is provided therein that sportspersons recruited by the department in relaxation of the recruitment procedure should be placed en bloc junior to those who have already been recommended by the selection committee. It is not even the case of the authorities that they did not undertake any recruitment on regular basis since the year 2017 and, therefore, they could not consider the respondent’s candidature. In consequence, it is not necessary that the respondent should await the next regular recruitment drive for securing appointment on the strength of her sports achievements. That was not the procedure followed even in the case of the Olympics Silver Medalist. Be it noted that the respondent’s application dates back to the year 2017 and no positive steps have been taken by the State authorities to act upon it despite the lapse of nearly 5 years. The respondent represented India at International events and secured Gold, Silver and Bronze Medals. She secured several such medals even at National events also. There is no reason as to why her case should be kept in cold storage for such a long time, despite her clear merit and entitlement to be considered for recruitment under the sports quota. [10] The record reflects that the authorities have only resorted to the usual bureaucratic red-tape and kept the case pending for one reason or the other. In such circumstances, we find no irregularity in the learned Judge issuing a positive direction instead of a mere direction to ‘consider’. A deserving party cannot be made to run from pillar to post again and again. As regards the other ground of attack, it may be noted that the Office Memorandum, which dates back to over two decades, provided for W.A. No. 16 of 2022 with MC (W.A.) No. 34 of 2022 meritorious sports candidates being appointed only to Class-III and Class-IV posts. However, the prevalent practice seems to be more in breach of this mandate. The recent appointment of the Olympics Silver Medalist to a much higher post clearly shows that there is no hard and fast rule in this regard. As the respondent also secured several medals at International events, she is not any less deserving. The direction of the learned Judge to accommodate her in the post of Inspector of Police therefore does not warrant any modification. On the above analysis, we find no grounds whatsoever to interfere with the Judgment and Order under appeal. The appeal is accordingly dismissed. In consequence, MC (W.A.) No. 34 of 2022 is also dismissed. In the circumstances, there shall be no order as to costs. JUDGE CHIEF JUSTICE Sandeep W.A. No. 16 of 2022 with MC (W.A.) No. 34 of 2022