MPSC accused of crossing constitutional limits
Source: The Sangai Express
Imphal, January 12 2015:
Alleging the Manipur Public Service Commission (MPSC) of acting beyond its sanctioned function by conducting the exams for recruitment of nonexistent post of Dy Director, TRI, the All Tribal Disables' Union, Manipur (ATDUM) has urged the Administrative Department (TA&H, SC/TRI), Government of Manipur not to approve the recommendation made by the MPSC for appointment of Deputy Director (TRI) so as to avoid legal complication.
A statement issued by the general administrative secretary of ATDUM, T Chuongsin said that it was a serious concern to all that public office like MPSC has crossed the limit of its power sanctioned by the law in regard to the non-compliance of letters of the Administrative Department, Government of Manipur in the subject matter of recruitment of Deputy Director (TRI), Government of Manipur.
The MPSC acted against the official request made by the Administrative Department (TA&H,SC/TRI), Government of Manipur crossing its jurisdiction by conducting the written exam on Dec 7, 2014 as well as conducting interview on Jan 8, 2015 for the non existing post of Dy Director.
"Such act of non compliance of MPSC is a gross violation of Article 320 of the Indian Constitution which clearly states that any State Public Service Commission including Manipur State is not sovereign at all over the Administrative Department, Government of Manipur in matters relating to creation of post, postponement and employment in Government Department, as it is the Government which employs any employee with financial involvement and not the State Public Service Commission," it said.
It is not at all under the purview or power of MPSC to create and recruit any post and employ him/her on behalf of Administrative Department or Government of Manipur.
MPSC has to comply with the request made by the Joint Secretary (TA&H, SC TRI), Govt of Manipur to keep the recruitment process of Deputy Director (TRI) in abeyance in order to enable the Government to examine and review some issues as requested in the letter dated December 4, 2014 .
The MPSC's failure to comply with Government request had victimised many candidates, it pointed out.
Other State Public Service Commissions had complied with the request of their respective Government as they are aware of their power and limitation sanctioned by the Constitution.
But it was different in the case of Tribal Affairs and Hills Department, Govt of Manipur.
"If the other States Public Service Commission can comply with their Government request letter why can't the Manipur Public Service Commission comply with the Manipur Government's request and why not in regard to tribal Affairs and Hills Department?, it categorically asked.
Since the role of MPSC, as per Article 320 of the Constitution, is only to recommend candidates and the final authority is the Government, the various notifications/ corrigendum and list of recommendation for appointment issued by MPSC in connection with the recruitment of Deputy Director (TRI) stand null and void, it said.
ATDUM appealed to the Administrative Department (TA&H, SC/TRI), Government of Manipur not to approve the recommendation made by the MPSC for selection of Deputy Director (TRI) so as to avoid legal implication.
The union would not remain a mere spectator if the demand is not heeded, it cautioned.
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