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2. The Department of Electricity, Government of Manipur initiated the process of selection for filling up the posts of Assistant Lineman in the Department of Electricity. Before the process could be completed, a complete ban on direct recruitment was imposed on 6 th November, 1999. The declaration of results of DPC (Selections) already held was also frozen by the said order. According to the State Government, the ban was imposed in view of the financial stringency in the State.

3. The Respondents filed Writ Petition (Civil) No. 1040 of 2000 for a direction to the Appellant to declare the result of the DPC held from 19th August, 1999 to 13th September, 1999 for selection to the posts of Assistant Lineman. The Writ Petition was disposed of by the Imphal Bench of the Gauhati High Court on 11 th August, 2000. The result of the selection in respect of 155 posts of Assistant Lineman conducted in the year 1999 was directed to be declared not later than one month after lifting of the ban. A policy decision was taken by the Appellant to downsize the strength of government employees to control the financial crisis in the State. The services of persons appointed on direct recruitment, part-time, contract, ad hoc, substitute and casual basis since 1999 were terminated. No direct recruitment, permanent and ad hoc could be made till further orders. Results of DPCs which have not been announced were directed to be treated as cancelled.

5. The Writ Appeal filed by the Government was disposed of on 19 th November, 2004 with an observation that the appointment shall be made strictly in order of the merit list prepared by the Selection Committee as and when the State decided to lift the ban and make appointments. As the said direction was found to be contrary to the order passed by this Court, the order dated 19 th November, 2004 passed in Writ Appeal No.413 of 2004 was recalled at the behest of the Appellant.

6. Thereafter, the Appellant-State issued an advertisement for appointment to various posts including 29 posts of Assistant Lineman in the Electricity Department. The Writ Petition filed by the Respondents questioning the advertisement notifying 29 posts of Assistant Lineman was disposed of by the High Court with a direction to the State Government not to fill up 29 posts of Assistant Lineman without taking an appropriate decision in respect of the recruitment to 155 posts of Assistant Lineman which were advertised in the year 1999.

7. In the meanwhile, the Electricity Department was unbundled into two entities i.e. Manipur State Power Corporation Limited (MSPCL) and Manipur State Power Distribution Company Limited (MSPDCL). Manipur State Power Corporation Limited issued a notification inviting applications from eligible candidates for appointment to the post of Junior Technical Assistants which according to the Respondents are equivalent the post of Assistant Lineman. It is relevant to mention here that the minimum qualification for appointment as per the advertisement was 10th standard whereas in the year 1999 the minimum qualification required was 8 th standard for appointment as Assistant Lineman. In the interim order passed in the Writ Petitions filed by the Respondents, the High Court directed the State Government not to fill up 56 posts of Junior Technical Assistants out of the 100 posts which were advertised. However, the advertisement notifying the selection to the posts of Junior Technical Assistants was withdrawn by the Government.

10. The issues that arise for our consideration in this case are:

(i) Whether the Respondents have any indefeasible right for appointment to the posts of Assistant Lineman on the basis of the selections made in the year 1999?

(ii) Whether the High Court could have issued a direction for appointment of the Respondents as Junior System Assistants in the posts advertised on 11 th May, 2016?

11. In Shankarsan Dash v. Union of India1, it was held that there is no indefeasible right for appointment merely because a candidate is found fit on the basis of a selection. Ordinarily the notification merely (1991) 3 SCC 47 amounts to an invitation to qualified candidates to apply for recruitment. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it was also held in the said judgment that the State does not have any license to act in an arbitrary manner and that the decision not to fill up the vacancies has to be taken bona fide for appropriate reasons. The High Court observed that there is no bona fide reason for the successor entities of the Electricity Department for not appointing the Respondents. Further, the High Court concluded that it was not the stand of the Appellant that the process of recruitment has been scrapped. The policy decision of the Government dated 19 th March, 2001 cancelling all the selections that were made earlier and banning any further recruitment was part of the record which could not have been ignored by the High Court. There was sufficient justification for the Government of Manipur to ban recruitment. The Government was compelled to take such decision in view of the financial crisis. The said decision of the Government cannot be said to be arbitrary under any circumstances. The policy decision of the Government of Manipur dated 19th March, 2001 was bona fide and the Respondents cannot assert any right for appointment on the basis of the selections conducted in the year 1999.