JUDGMENT

1. This writ petition has been filed to quash the appointment and regularization order dated 28.11.2016 in respect of the respondents 4 to 21 published in Manipur Gazette on 30.11.2016 and posting order dated 28.11.2016 issued by the Commissioner, Horticulture and Soil Conservation, Government of Manipur and to declare the cabinet decision dated 7.11.2016 and 21.11.2016 resulting in issuance of the impugned orders as bad in the eye of law.

2. The case of the petitioners are that they are all unemployed graduates in Agriculture/ Horticulture either B.Sc. Agriculture or B.Sc. Horticulture from different Universities and after obtaining degrees, they are searching for Government job commensurate with their educational qualification. The Under Secretary (H&SC) vide letter dated 14.4.2016 conveyed to the Director (H&SC) regarding approval of the cabinet decision for engagement of Horticulture Assistant/ Field Consultant/Data Entry Operator on contract basis under Technical Support Group Programme under Mission for Integrated Development of Horticulture (MIDH). Pursuant to the notification dated 20.4.2016, the third respondent issued notification dated 29.4.2016 declaring the result for the contractual posts of Data Entry Operator and Horticulture Assistant/Field Consultant in the MIDH Section of the Department of Horticulture and Soil Conservation selecting 6 Data Entry Operator and 18 Horticulture Assistant/Field Consultant candidates.

3. The Secretariat of the Confidential and Cabinet Department issued a cabinet meeting notice dated 7.11.2016 to discuss 22 Agenda, including regularization of 18 Assistant Agriculture Officer (AAO) appointed on contract basis in respect of Horticulture Department as Agenda No.22. On 28.11.2016, the Commissioner issued an order regularizing the contract appointment of 18 Horticulture Consultant/Assistant, MIDH as AAO in Horticulture and Soil Conservation Department with their respective posting at various districts. Challenging the same, the petitioners have filed the present writ petition.

4. Respondents 1 to 3 filed affidavit-in-opposition stating that taking in view the holistic sector grown of Horticulture in Manipur, the Department of Horticulture and Soil Conservation with the approval of the Administrative Department, took a decision for filling up of 18 posts of Horticulture Assistant/Field Consultant and 6 Data Entry Operators on contractual basis under MIDH from the eligible Agri/Horti graduates/candidates. The third respondent in the course of implementation of MIDH made proposal on 29.9.2015 to the Commissioner for according administrative approval for engagement of the employees on contract basis on payment of fixed remuneration under a Detailed Project Report. The Department of Horticulture and Soil Conservation, after due process, submitted the matter before the State Level Committee of Officers chaired by the Chief Secretary for consideration and according approval to the proposal for contract engagement under MIDH.

5. The Committee of Officers in its meeting held on 10.12.2015 recommended contractual engagement of staff in the Horticulture and Soil Conservation Department and as per the recommendations of the Committee of Officers, the Department referred the matter to the State Cabinet for approval. After obtaining approval from the State Cabinet, the Department issued notification dated 20.4.2016 inviting application from the intending candidates for appointment of Horticulture Assistant/Field Consultant and Data Entry Operator on contract basis. Thereafter, on the basis of the recommendation of a duly constituted DPC, the private respondents were appointed as Horticulture Assistant/Field Consultant on contract basis vide order dated 29.4.2016 by following the reservation policy.

6. It is stated that in the course of time, there were 36 vacancies in the grade of AAO/equivalent in the Department and as per the relevant Recruitment Rules, 75% of the vacancies are to be filled up