IT News/Agency
Imphal, Oct 12:
The Supreme Court upheld the Manipur High Court’s decision to annul the selection of 242 candidates for Primary Teacher positions in the Other Backward Classes (OBC) category due to procedural flaws in the recruitment process. The bench, comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti, mandated that the State must create a new selection list in accordance with the High Court’s judgment, which reaffirmed the original vacancies of 1,423.
The recruitment process for these Primary Teachers began in 2006, which included written tests and interviews. However, controversy arose in 2010 when an unofficial selection list was published in a local newspaper, leading to widespread allegations of irregularities. Although an official selection result was announced in 2011, numerous petitions challenged the process, particularly criticizing the retroactive application of OBC reservations, which were not mentioned in the initial recruitment notice.
The core issue revolved around the legality of the OBC reservation, which was implemented through a notification issued after the recruitment process had already begun. Petitioners contended that this retroactive adjustment violated their rights under Articles 14 and 16 of the Constitution of India, as it deprived eligible candidates of the opportunity to apply for the reserved posts.
The High Court determined that the retroactive application of the OBC reservation was illegal because it did not provide a fair opportunity for all eligible OBC candidates to participate in the selection. The court stated, “If certain seats were to be reserved for the OBC, the State respondents must ensure that all candidates belonging to the OBC category were sponsored by the Employment Officer. No such exercise was conducted, denying the candidates their constitutional rights.”
In endorsing the High Court’s decision, Justice Hrishikesh Roy emphasized that altering selection rules mid-process undermines fairness and equality of opportunity for candidates. He noted the plight of those who had attended interviews but had yet to be appointed, acknowledging the ongoing limbo faced by many job seekers since the initial notification in 2006.
Consequently, the Court ruled that the appeals from the aspirant teachers were disposed of, while those from the State of Manipur were dismissed. The State was instructed to prepare a revised select list within four weeks, followed by the issuance of appointment orders for selected candidates. Notably, newly appointed individuals would not receive arrears but would benefit from notional appointments effective from December 9, 2011, for superannuation purposes only.