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[2] Heard Mr. BP. Sahu, learned senior counsel assisted by Mr. Anjan Prasad Sahu, learned counsel for third-party writ appellants; Mr. A. Romenkumar, learned senior counsel assisted by Mr. RK. Banna, learned counsel appearing on behalf of respondent Nos. 1 to 5 (writ petitioners); Mr. Kh. Athouba, learned senior counsel & Govt. Advocate assisted by Mr. Phungyo Zingkhei, learned Dy. G.A. on behalf of the State respondent No. 6 and Dr. RK. Deepak, learned senior counsel assisted by Mr. L. Rajesh, learned counsel on behalf of respondent Nos. 7 & 8 (MTU). [3] The brief fact of the present case is that Manipur Technical University (MTU) was established pursuant to an ordinance 'The Manipur Technical University Ordinance, 2016' promulgated vide notification dated 23.04.2016 issued by the Governor of Manipur. Later on, the Manipur Technical University Act, 2016 was passed by the State Assembly and got assent from the Governor of Manipur on 21.10.2016 and notified in the official gazette making the date of enforcement retrospectively with effect from 23.04.2016 (the day on which the Ordinance was promulgated). In order to WA No. 46 of 2021 with Page 4 make the university functional at its initial stage, the Registrar of University issued notification for engagement/appointment of Assistant/Associate Professors on contract basis vide various notifications dated 20.06.2016, 12.07.2016 and 23.07.2016 for the Civil Engineering, Mechanical Engineering, Electrical Engineering, Computer Science Engineering and Humanities (Communication). In these notifications, posts of Associate Professor for Physics, Chemistry and Mathematics were also included. The mode of examination is to be done by way of interview. Vide notification dated 06.07.2016, the Selection Committee recommended Lourembam Iboyaima Singh (respondent No. 1 herein) as Assistant Professor in Professional Communication (English); Laishram Jimmy (respondent No. 2) as Assistant Professor in Computer Science & Engineering. Vide another notification dated 15.07.2016, the Selection Committee recommended four candidates for various subjects including Kosygin Leishangthem (respondent No. 4 herein) for the post of Assistant Professor in Civil Engineering and Asem Nabadavis (respondent No. 5 herein) for the post of Assistant Professor in Mechanical Engineering and vide another notification dated 29.07.2016, Tayengjam Jeneeta Devi (respondent No. 3 herein) was recommended for the post of Assistant Professor in Electrical Engineering. Thereafter, vide order dated 15.07.2016 issued by the Registrar, MTU, Kosygin Leishangthem (respondent No. 4) was appointed as Assistant Professor in Civil Engineering on contract basis in MTU for the period of six months. Vide another order dated 15.07.2016 issued by the Registrar, MTU, Asem Nabadavis (respondent No.
5) was appointed as Assistant Professor in Mechanical Engineering on contract basis for a period of six months; vide order dated 30.07.2016 issued by the Vice-Chancellor, MTU, Tayenjam Jeneeta (respondent No. 3) was appointed as Assistant Professor in Electrical engineering on contract basis for a period of six months; vide another order dated 08.08.2016 issued by the Vice-Chancellor, MTU, Lourembam Iboyaima Singh (respondent No. 1) was appointed as Assistant Professor in Professional Communication (English) on contract basis; and vide another order dated 08.08.2016 issued by the Vice- Chancellor, MTU, Laishram Jimmy (respondent No. 2) was appointed as Assistant Professor in Computer Science and Engineering on contract basis WA No. 46 of 2021 with Page 5 for a period of six months. Vide another order dated 30.12.2016 issued by the Vice-Chancellor, MTU, the contract appointment of 8 (eight) faculty members including the respondent Nos. 1 to 5 herein were extended for another period of six months or till the regularization incumbents join, whichever is earlier, on the same terms and conditions. It may be noted that vide order dated 15.06.2016, MTU created various post for teaching and non-teaching faculty including 30 posts of Assistant Professors on regular basis. [4] The Registrar of MTU issued a notification dated 23.05.2018 for recruitment of teaching and non-teaching staff for 10 (ten) categories of posts for a total of 31 (thirty-one) posts in all. The relevant portion of the advertisement showing the designation, number of posts, etc. are reproduced as under:
"NOTICE FOR RECRUITMENT OF TEACHING AND NON TEACHING STAFF Imphal, the 23rd May 2018 No. 2/3/2016/MTU: Applications in prescribed form are invited for recruitment of Teaching faculties and non-teaching staff on regular basis in Manipur Technical University, Imphal:
A. TEACHING FACULTIES & ASSISTANT LIBRARIAN:
Sl. Name of the post Pay Scale Group No. UR OBC ST SC
of of
post post
1 Assistant Professor Rs. 15,600- A 5 4 0 1 0
(Civil Engineering) 39,100 + 6000
(AGP)
2 Assistant Professor Rs. 15,600- A 5 4 0 1 0
(Mechanical 39,100 + 6000
Engineering) (AGP)
3 Assistant Professor Rs. 15,600- A 5 4 0 1 0
(Electronics & 39,100 + 6000
Communication (AGP)
Engineering)
4 Assistant Professor Rs. 15,600- A 5 4 0 1 0
(Computer Science & 39,100 + 6000
Engineering) (AGP)
WA No. 46 of 2021 with
Page 6
5 Assistant Professor Rs. 15,600- A 5 4 0 1 0
(Electrical Engineering) 39,100 + 6000
(AGP)
6 Assistant Professor Rs. 15,600- A 2 2 0 0 0
(Mathematics) 39,100 + 6000
(AGP)
7 Assistant Professor Rs. 15,600- A 1 1 0 0 0
(Physics) 39,100 + 6000
(AGP)
8 Assistant Professor Rs. 15,600- A 1 1 0 0 0
(Chemistry) 39,100 + 6000
(AGP)
9 Assistant Professor Rs. 15,600- A 1 1 0 0 0
(Professional 39,100 + 6000
Communication) (AGP)
10 Assistant Librarian Rs. 15,600- A 1 1 0 0 0
39,100 + 6000
(AGP)
[5] It is stated that the petitioners have been working in MTU since
[26] Mr. A. Romenkumar, learned senior counsel for respondent Nos. 1 to 5 (who are the writ petitioners before the Ld. Single Judge), has raised the question of locus and the maintainability of the present appeal. It is submitted that the appellants cannot challenge the judgment of the Ld. Single Judge which directed the MTU to provide regular employment to them from the date of their initial appointment, as the appellants are not the aggrieved parties. It is stated that respondent Nos. 1 to 5 were appointed as Assistant Professor in Communication, Computer Science & Engineering, Electrical Engineering, Civil Engineering and Mechanical Engineering whereas the appellants were appointed as Assistant Professors in Mathematics, Physics, Chemistry, Electronics and the Communication Engineering. It means that the trades/subjects of respondent Nos. 1 to 5 and those of appellants are different and hence, they cannot be considered for appointment against the posts held by the private respondents and they could not have applied in the year 2016 also, even if they were willing to do so. In other words, the appellants are not an aggrieved parties to the appointment and the regularization of the private respondents. In this respect, Mr. A. Romenkumar, learned senior counsel for respondent Nos. 1 to 5, relies on the judgment of the Hon'ble Supreme Court reported as Umakant Saran v. State of Bihar:(1973) 1 SCC 490 para 10 to the effect that the writ of certiorari does not lie to challenge appointment at the instance of persons 'who was not eligible for consideration for appointment at the time, had no right to question the appointments since he was not aggrieved'. Learned senior counsel further refers to the decision of the Hon'ble Supreme Court in the case of Shripal Bhati Vs. State of Uttar Pradesh reported as (2020) 12 SCC 87 para 23 & 25 to the point that a person who is WA No. 46 of 2021 with Page 23 not eligible for appointment is not maintainable against the appointment and subsequent absorption.