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2025 Supreme(Manipur) 47

IN THE HIGH COURT OF MANIPUR AT IMPHAL
A.GUNESHWAR SHARMA, J.
Shri Chintu Wahengbam S/o W. Sailesh Kumar Singh - Appellant
Versus
The State of Manipur - Respondent
WP(C) No. 1110 of 2022
Decided On : 16-06-2025
Advocate Appeared :
For the Appellant : Mr. Th. Khagemba, Advocate
For the Respondents : Mr. Shyam Sharma, G.A.

JUDGMENT & ORDER :

A.GUNESHWAR SHARMA, J.

[1] Heard Mr. Th. Khagemba, learned counsel for the petitioner and Mr. Shyam Sharma, learned G.A. for the State respondents.

[2] The present writ petition has been filed praying for issuance of a writ in the nature of certiorari/mandamus or any other appropriate writ or order directing the respondents to quash and set aside the impugned order dated 07.10.2022 issued by the Police Department Manipur and with a prayer for considering appointment of the petitioner to the post of Asst. Sub-Inspector of Police (Male/Civil) in Police Department Manipur as done in the case of 4 (four) other similarly situated candidate in compliance of the common order dated 16.09.2021 passed by this Court in WP(C) Nos. 300 of 2016 & 660 of 2020. In respect of the petitioner, this Court also passed an order dated 29.09.2022 in WP(C) No. 824 of 2022 for consideration of his representation for appointment as ASI in Manipur Police.

[3] The Director General of Police, Manipur issued a notification dated 24.04.2010 for direct recruitment of 112 post of Assistant Sub- Inspector (ASI) of Police (Male/Civil) and the requisite qualification is PUC or intermediate or equivalent. Accordingly, the petitioner submitted duly filled up form for the post of ASI of Police (Male/Civil) in Police Department, Manipur to the competent authorities. As a part of recruitment process, the Physical Efficiency Test (PET) was conducted at 2nd MR Ground and the petitioner was declared successful. Thereafter, written test examination was conducted by the Selection Committee and on 25.02.2013, a notification was issued by the Director, Manipur Police Training College (MPTC), Pangei declaring the result of the Written Text. In the said notification, 480 candidates including the petitioner (who is at serial No. 94) was declared successful for appearing for Interview/Viva-Voce Test. Thereafter, Interview/Viva-Voce Test was held in the year 2013 and vide notification dated 03.03.2014 issued by the Director General of Police, Manipur, the result of the DPC was declared. In the said notification, out of 480 candidates, 315 candidates were recommended for selection to the post of ASI (Male/Civil) in the Police Department and the petitioner’s name was not recommended.

[4] However, the said DPC had recommended 203 more candidates than the notified vacancies i.e. 112 vide notification dated 24.04.2010 issued by the Director General of Police and no candidates were kept in the panel/wait list vide notification dated 03.03.2014. Later on, 2 wait lists were prepared i.e. first wait list consist of 32 incumbents and second, consist of 53 incumbents and both the wait list were signed by the Chairman and two members of the DPC. Vide letters dated 06.11.2014 and 17.11.2014 issued by the Joint Secretary (Home), Government of Manipur conveying the Government approval for filling up of 32 post of ASI (Male/Civil) for the upgraded vacancies arose from the first wait list consisting of 32 incumbents and 55 post of ASI (Male/Civil) for the upgraded vacancies arose from the second wait list consisting of 52 incumbents plus 3 other incumbents not listed in the second wait list.

[5] Vide order dated 04.02.2015 issued by the Director General of Police, Manipur, 368 candidates were approved for appointment as ASI (Male/Civil) in the Manipur Police Department. Therefore, it is clear that 53 non-recommended candidates were approved by the Government over the actual recommendation of 315 candidates vide notification dated 03.03.2014. Being aggrieved, the petitioner along with 4 others submitted an application dated 12.03.2014 to the State Public Information Officer/Addl. Secretary (Home), Government of Manipur under Section 6 of the RTI Act for furnishing the certified copy/Xerox copy of the documents. As there was no response for the sought information, the petitioner and others filed an appeal dated 03.05.2014 before the appellate authority under Section 19 of the RTI Act,

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