Facts
The petitioner had submitted a representation dated 3 February 2025 to the Commissioner of Education (S), seeking redress of grievances concerning transfer and posting.
Source reference: para. 2The representation remained pending.
Source reference: para. 2The petitioner asked the Court to direct its consideration under the State’s transfer and posting policies, particularly the provision concerning convenient local postings for physically challenged persons.
Source reference: para. 3The State did not oppose that limited relief, and the petition was disposed of at the motion stage.
Source reference: para. 4Issues
Whether the Commissioner of Education (S) should be directed to consider and decide the petitioner’s pending representation in accordance with the applicable transfer and posting policy.
Source reference: para. 3–5Whether the representation should be decided by a speaking order within a specified period, with a copy supplied to the petitioner.
Source reference: para. 5Law Applied
The Court applied the Government of Manipur’s transfer and posting policies issued by Notification dated 12 May 2022, specifically Part III, General Conditions, clause (xiv), which provides that physically challenged persons may be given a convenient posting at their local stations, subject to availability of a post.
Source reference: para. 5(i)The Court made no determination on the petitioner’s entitlement to a particular posting and left the competent authority at liberty to pass an appropriate order in accordance with law.
Source reference: para. 5(iv)Reasoning
Given the limited relief sought and the State’s lack of objection, the Court found it appropriate to require the competent authority to decide the pending representation on its merits under the applicable policy, including the provision concerning local postings for physically challenged persons.
Source reference: para. 3–5The direction required a speaking order, but did not predetermine the outcome or decide the merits of the writ petition.
Source reference: para. 3–5Holding
The Court directed the Commissioner of Education (S) to consider and dispose of the representation dated 3 February 2025 by a speaking order, applying the 12 May 2022 transfer and posting policy, within two months of receiving a certified copy of the order.
A copy of the decision must be furnished to the petitioner within two weeks of its issuance.
Source reference: para. 5(ii)The authority remains free to pass any appropriate order in accordance with law, and the writ petition was disposed of.
Source reference: para. 5(i)–(iv); para. 6Original Court PDF
RAJKUMAR SANACHAOBA SINGHvsSTATE OF MANIPUR AND ANR
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