The right to promotion constitutes a fundamental right under Article 16, and arbitrary actions by regulatory bodies that deny such rights are unlawful.

JUDGMENT :

Ahanthembimol Singh, J.

1. Heard Mr. N. Ibotombi, learned senior counsel assisted by Mr. A. Rommel, learned counsel appearing for the petitioners, Mr. A. Vashum, learned GA appearing for the respondents No. 1 and 2 and Mr. R.S. Reisang, learned senior counsel assisted by Ms. Timmiwon Raihing, learned counsel appearing for the respondents No. 3. None appeared for the private respondents, despite service of notice.

As the grievances and reliefs sought for in the present three writ petitions are inter-related, all the three writ petitions were heard jointly and the same are being disposed of by this common judgment and order.

2. The brief fact of the present cases is that both the petitioners were initially appointed as Lecturer (Geography) and Lecturer (Statistics) on regular basis in the Government Higher Secondary Schools, Education Department, Government of Manipur by an order dated 26-10-1988. After serving about thirty years as Lecturer of Higher Secondary Schools, both the petitioners were promoted to the post of Vice-Principal of Higher Secondary School on regular basis by an order dated 30-10-2018. The next promotional post from the post of Vice-Principal of Higher Secondary School is the post of Principal, Higher Secondary School. Under the recruitment rules for the post of Principal, Higher Secondary Schools, the method of recruitment is by promotion from amongst the following feeder posts:-

“Vice-Principal of Higher Secondary Schools possessing B.T./B.Ed./Equivalent Diploma from a recognized University/ Institution with 5 (five) years regular service in the grade;

Failing which

“Vice-Principal of Higher Secondary Schools possessing B.T./B.Ed./Equivalent Diploma from a recognized University/ Institution with 7 (seven) years regular service as Vice-Principal and Lecturer put together;

Failing which

Lecturer of Higher Secondary Schools possessing 2nd Class Master’s Degree and B.T./B.Ed./Equivalent Diploma from a recognized University/ Institution with 10 (ten) years regular service in the grade, provided that not more than 30% of the vacancies to be filled by promotion from Lecturers shall be from amongst the Lecturers of the erstwhile Government Aided/ Private Higher Secondary Schools who were later absorbed in Government service and the remaining vacancies from amongst the other Lecturers”.

3. The petitioners, having rendered more than 30 years regular service as Lecturer of Higher Secondary Schools and more than seven years regular service as Vice-Principal and Lecturer put together, became eligible for promotion to the post of Principal, Higher Secondary Schools a long time back, however, as the authorities did not hold any DPC in time, the cases of the petitioners for their promotion to the post of Principal, Higher Secondary Schools could not be considered for a long time. The process for holding DPC for appointment by promotion to 23 (twenty three) vacant post of Principal of Higher Secondary Schools was initiated by the authorities with the publication of the Final Seniority List of Vice-Principals of Government Higher Secondary Schools on 14-12-2020. In the said Final Seniority List, the name of the petitioner No. 1 is at Sl. No. 5 and the name of the petitioner No. 2 is at Sl. No. 10 and as such, both of them were within the zone of consideration for promotion against the aforesaid twenty three vacant post of Principal of Higher Secondary Schools.

4. As the post of Principal of Higher Secondary Schools is a Class-I post, consultation with the Manipur Public Service Commission (MPSC) was required as per rules, however, at that relevant point of time, the MPSC remained non