New Delhi, Oct 12: The Supreme Court on Saturday upheld the Manipur High Court’s ruling that annulled the selection of 242 candidates for Primary Teacher positions in the OBC category due to procedural irregularities. A bench led by Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti ordered the state to create a fresh selection list, following the High Court’s judgment that limited the appointments to the originally advertised 1,423 vacancies.
The recruitment process for 1,423 Primary Teachers began in 2006, involving written exams and interviews. However, an unofficial selection list published in a local newspaper in 2010 triggered claims of irregularities. Though the official result was released in 2011, several petitions were filed contesting the process, arguing that OBC reservations were applied retroactively without proper notification, invalidating the selection of the 242 OBC candidates.
The main issue was the retroactive application of the OBC reservation, which was implemented through a notification issued after the recruitment process had already started. Petitioners argued that this change violated their rights under Articles 14 and 16 of the Constitution, as the initial recruitment notice did not mention OBC reservations. The High Court ruled the retroactive application illegal, as it denied OBC candidates a fair opportunity to apply for the posts, thereby breaching Article 16 of the Constitution.
The High Court also noted that if seats were to be reserved for OBC candidates, the state should have ensured that all eligible OBC candidates were sponsored by the Employment Officer. Since this wasn’t done, the court found the state’s actions arbitrary and in violation of Articles 14 and 16.
Justice Hrishikesh Roy, endorsing the High Court’s decision, highlighted that altering the rules mid-selection compromised the fairness of the process and denied equal opportunity to other eligible OBC candidates. The Court also acknowledged the predicament of candidates who appeared in the interview but were not appointed, emphasizing their right to justice.
The Supreme Court directed the state to prepare a revised selection list within four weeks, as per the High Court’s judgment. Appointment orders for those on the revised list are to be issued within four weeks of its publication. While the newly appointed candidates will not be entitled to back pay, they will receive notional appointment benefits from December 9, 2011, solely for superannuation purposes.
