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Manipur High Court

Oinam Brajachand Singh vs Union Of India on 1 September, 2021

Author: Kh. Nobin Singh

Bench: Kh. Nobin Singh

SHOUGR Digitally
         by
                  signed
                                                                                    IN. 20 to 23
AKPAM SHOUGRAKPAM
         DEVANANDA
DEVANAN SINGH
         Date: 2021.09.01            IN THE HIGH COURT OF MANIPUR
DA SINGH 11:40:19 +01'00'
                                                  AT IMPHAL
                                             (Video Conference)

                  M.C.(W.P.(C)) No. 230 of 2019
                  Oinam Brajachand Singh                        ...Applicant
                        Vs.
                  Union of India                                ...Respondents
                        With
                  W.P. (C) No. 300 of 2017;
                  W.P. (C) No. 790 of 2018 &
                  W.P. (C) No. 95 of 2019

                                           B E F O R E
                                 HON'BLE MR. JUSTICE KH. NOBIN SINGH
                                                 O R D E R

01-09-2021 Heard Smt. Th. Babita, learned counsel appearing for the petitioner; Shri M. Devananda, learned counsel appearing for the RIMS and Shri S. Suresh, learned ASG appearing for the Union of India.

The subject matter in issue relates to the appointment of the Professor in the Dental College, RIMS. The stand of the RIMS appears to be that as per the existing Recruitment Rules, the post of the Professor is to be filled up by direct recruitment and not by promotion.

it has been submitted by Smt. Th. Babita, learned counsel appearing for the petitioner that during the pendency of one of the writ petitions, a draft rule was prepared by the RIMS, which had been sent to the Union of India in the year 2016 for approval. The draft rule appears to have not been approved by the Government of India till today.

It has further been submitted by the learned counsel appearing for the petitioner that there is a rule of the Central Government wherein it has been provided that in case, the draft recruitment rules are not approved by the Government of India within six months, the same shall be deemed to be approved after the expiry of six months. The said rule of the Government is not on record. The learned counsel appearing for the petitioner is directed to place it on record along with an affidavit within a week.

- 2- IN. 20 to 23 Four weeks' time as last opportunity is granted to the Union of India for filing counter affidavits in all the writ petitions. So far as the RIMS is concerned, four weeks' time as last opportunity is granted to it for filing counter in two writ petitions being W.P. (C) No. 790 of 2018 and 95 of 2019.

List these matters on 04-10-2021.

Copies of this order shall be sent to the counsels appearing for the parties through their WhatsApp/e-mail.

JUDGE Devananda