Brahmacharimayum Bipinkumar Sharma v. The State of Manipur

BEFORE HON’BLE MR. JUSTICE M.V. MURALIDARAN For the Petitioner : Mr. M. Hemchandra, Sr.Adv. For the Respondents : Mr. Y. Ashang, GA Date of order :

16.06.2022 JUDGMENT & ORDER (0ral) [1] Heard Mr. M. Hemchandra, learned senior counsel for the petitioner and perused the records. Mr.Y.Ashang, learned Government Advocate, accepts notice on behalf of the respondents. WP(C) No. 437 of 2022 3 [2] By consent, the writ petition is taken up for final hearing at the admission stage itself. [3] This writ petition has been filed to seek a writ of mandamus to direct the respondents to consider and dispose of the representation dated

29.12.2021 in the light of the common judgment and order dated 6.6.2022 passed in W.P.(C) Nos.982 of 2019 with W.P.(C) No.121 of 2020 with W.P.(C) No.120 of 2019 with W.P.(C) No.456 of 2019 with W.P.(C) No.1167 of 2018 with MC (WP(C) No.143 of 2021 with M.C. (WP(C) No.49 of 2020. [4] Heard Mr.Hemchandra, learned senior counsel for the petitioner and Mr.Y.Ashang, learned Government Advocate for the respondents. [5] The case of the petitioner is that the second respondent issued an advertisement dated 6.8.2016 calling for applications to fill up 141 posts of Forest Guard under the Forest Department, Government of Manipur and pursuant to the said advertisement, the petitioner applied to WP(C) No. 437 of 2022 4 the post of Forest Guard. Vide notification dated 23.12.2016, 255 candidates were declared to be successful and 27 candidates were kept as waiting and the name of the petitioner appeared at Serial No.15 in the wait list. Among 255 successful candidates, 248 were appointed as Forest Guard and joined services on their respective place of posting. As such, there is 7 posts of Forest Guard are remain unfilled with another 2 vacant posts that comes up after resignation of 2 appointed candidates, thus, vacant posts became 9. Though 9 posts of Forest Guard are still remain unfilled, the petitioner, whose name appeared at Serial No.15 in the list of candidates kept as wait list, has not been considered for appointment to the post of Forest Guard, thereby depriving the fundamental and legal rights of the petitioner. [6] Further case of the petitioner is that during the life span of waiting list, the Deputy Secretary (Forest and Environment), Government of Manipur issued an order dated 28.12.2017 conveying its concurrence for filling up 5 vacant posts from the waiting list recommended by the Forest Department. However, after due consideration, withdraw its approval under WP(C) No. 437 of 2022 5 Serial No.3 i.e. for filling up the vacant posts from the waiting list candidates in public interest meaning thereby from Serial No.1 to 3 still approved and under Serial No.3 have been withdrawn. Thus, the waiting list has acted upon during its validity period. Therefore, there is no any further question of validity of panel prepared by the second respondent by the order dated

23.12.2016. According to the petitioner, his case can be considered for appointment as Forest Guard pursuant to the advertisement dated 6.8.2016 issued by the second respondent and also in view of the notification dated

23.12.2016 and the order dated 15.12.2017. [7] According to the petitioner, in a similarly situated case, some of the candidates, pursuant to the advertisement dated 6.8.2016, have filed several writ petitions before this Court being W.P(C) Nos.982 of 2019, 121 of 2020, 120 of 2019, 456 of 2019 1167 of 2018 and by the order dated

6.6.2022, this Court allowed those writ petitions and the respondents are directed to appoint the petitioners therein to the post of Forest Guards in their respective category of reservation with effect from the date when the WP(C) No. 437 of 2022 6 vacancies arose in terms of the order dated 15.12.2017 issued by the second respondent appointing 243 Forest Guards on regular basis. [8] The learned senior counsel for the petitioner submitted that on

29.12.2021 the petitioner submitted a representation to the respondents praying to appoint him as Forest Guard by taking into consideration the 9 posts of Forest Guard lying vacant. However, the said representation has not been considered by the respondents till date. Further, the similarly situated persons have filed several writ petitions, wherein this Court directed the respondents therein to appoint them as Forest Guards. In view of the above, the respondents may be directed to consider the representation of the petitioner dated 29.12.2021 in the light of the order passed in W.P(C) Nos.982 of 2019, 121 of 2020, 120 of 2019, 456 of 2019 1167 of 2018 dated 6.6.2022. [9] The learned Government Advocate submitted respondents are ready to consider and pass orders on the representation WP(C) No. 437 of 2022 7 of the petitioner dated 29.12.2021 within the stipulated period and accordingly, the writ petition may be disposed of. [10] Recording the submissions made by learned counsel for the parties and without going in to the merits of the case, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 29.12.2021 in the light of the order dated 6.6.2022 passed in W.P(C) Nos.982 of 2019, 121 of 2020, 120 of 2019, 456 of 2019 1167 of 2018 and pass orders on merits and in accordance with law, after affording reasonable opportunity to the petitioner, within a period of three months from the date of receipt of a copy of this order. [11] No costs. JUDGE FR/NFR John Kom WP(C) No. 437 of 2022