IMPORTANT POINTS
Mere selection does not confer any right to appointment on the candidate.
State is under no legal duty to fill up all or any of the vacancies for bona fide reasons.

JUDGMENT :

L. NAGESWARA RAO, J.

Leave granted.

1. The High Court of Manipur allowed the Writ Petitions filed by the Respondents-herein and directed the declaration of the results relating to selection to the posts of Lineman conducted in the year 1999 within a period of three weeks. The process of appointment was directed to be completed within four weeks and the successful candidates were directed to be adjusted against the vacancies notified for the posts of Junior System Assistants. Aggrieved thereby, the State of Manipur has filed the above Appeals.

2. The Department of Electricity, Government of Manipur initiated the process of selection for filling up the posts of Assistant Lineman in the Department of Electricity. Before the process could be completed, a complete ban on direct recruitment was imposed on 6th November, 1999. The declaration of results of DPC (Selections) already held was also frozen by the said order. According to the State Government, the ban was imposed in view of the financial stringency in the State.

3. The Respondents filed Writ Petition (Civil) No. 1040 of 2000 for a direction to the Appellant to declare the result of the DPC held from 19th August, 1999 to 13th September, 1999 for selection to the posts of Assistant Lineman. The Writ Petition was disposed of by the Imphal Bench of the Gauhati High Court on 11th August, 2000. The result of the selection in respect of 155 posts of Assistant Lineman conducted in the year 1999 was directed to be declared not later than one month after lifting of the ban. A policy decision was taken by the Appellant to downsize the strength of government employees to control the financial crisis in the State. The services of persons appointed on direct recruitment, part-time, contract, adhoc, substitute and casual basis since 1999 were terminated. No direct recruitment, permanent and adhoc could be made till further orders. Results of DPCs which have not been announced were directed to be treated as cancelled.

4. Another Writ Petition was filed by some of the Respondents seeking declaration of the result of selection to the posts of Assistant Lineman contending that the ban on direct recruitment cannot be a ground for not declaring the results of the selection conducted in the year 1999. The High Court directed the announcement of the results of the DPC held between 19th August, 1999 to 13th September, 1999 to the posts of Assistant Linemen. The said direction was initially stayed by a Division Bench of the High Court in the Writ Appeal filed by the Appellant. Thereafter, the interim order of stay was vacated by a Division Bench of the High Court vide order dated 29th November, 2002. The said order was challenged by the Government and this Court directed the Appellant to furnish the list of selected candidates to the High Court in a sealed cover. Learned counsel appearing for the parties were given liberty to peruse it. With the said directions, the Civil Appeal was disposed of.

5. The Writ Appeal filed by the Government was disposed of on 19th November, 2004 with an observation that the appointment shall be made strictly in order of the merit list prepared by the Selection Committee as and when the State decided to lift the ban and make appointments. As the said direction was found to be contrary to the order passed by this Court, the order dated 19th November, 2004 passed in Writ Appeal No.413 of 2004 was recalled at the behest of the Appellant.

6. Thereafter, the Appellant-State issued an advertisement for appointment to various posts including 29 posts of Assistant Lineman in the Electricity Department. The Writ Petition filed by the Respondents questioning the advertisement notifying 29 posts of Assistant Lineman was disposed of by the High Court with a direction to the State Government not to fill up 29 posts of Assistant Lineman without taking an appropriate decision in respect of the recruitment to 155 posts of Assistant Lineman which were advertised in the year 1999.

7.