State Of Manipur & Anr vs R.K. Kokngangsana Singh & 27 Ors
2024 Latest Caselaw 45 Mani

Manipur High Court

State Of Manipur & Anr vs R.K. Kokngangsana Singh & 27 Ors on 12 February, 2024

LAIREN Digitally signed                                  1
        by
MAYUM LAIRENMAYUM
INDRAJE INDRAJEET
        SINGH
                                                                                      Item Nos. 52 & 53
                                        IN THE HIGH COURT OF MANIPUR
ET      Date:
        2024.02.14
                                                  AT IMPHAL
SINGH 11:51:27 +05'30'
                                                 WA No. 58 of 2019

                           State of Manipur & anr.
                                                                                       Appellants
                                                  Vs.
                           R.K. Kokngangsana Singh & 27 ors.
                                                                                     Respondents
                                                       With
                                                 WA No. 59 of 2019
                           State of Manipur & anr.
                                                                                       Appellants
                                                 Vs.
                           Konjengbam Bankim Singh & 2 ors.
                                                                                     Respondents


                                                       BEFORE

                          HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
                          HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
             12.02.2024
             Siddharth Mridul, C.J.:

Mr. M. Devananda, learned Addl. A.G., appears on behalf of the State

of Manipur; and Mr. Kh. Tarunkumar, learned senior counsel, appears on behalf of

the respondents.

The short legal question that remains for determination in the present

writ appeal is whether the learned Single Judge was justified in law in directing the

State of Manipur to supply vacancies for posts for which vacancies had not arisen

and beyond the number of posts advertised by them.

Learned senior counsel appearing on behalf of the parties, state that

in view of the decision of the Hon'ble Supreme Court in Anurag Kumar Singh &

ors. Vrs. State of Uttarakhand & ors., reported as (2016) 9 SCC 426, the

above issue of law is no longer res-integra.

The Hon'ble Supreme Court in this decision and in particular,

paragraph 17 thereof; [it is urged by learned counsel] clearly held that selection

pursuant to an advertisement should be confined only to the posts advertised.

In view of the foregoing, the directions issued by the learned Single

Judge in the impugned judgment are modified to the extent that the Government

is directed to declare the result of 12(twelve) posts that were advertised; with the

further liberty to supply the vacancies that have arisen subsequent to the issuance

of the subject advertisement for the 12(twelve) posts.

The above directions have been issued with the consent of the learned

senior counsel appearing on behalf of the parties.

No further relief is prayed for.

With the above directions, these writ appeals are allowed in part and

disposed of.

                       JUDGE                             CHIEF JUSTICE
Indrajeet