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2009 Supreme(Gau) 690
IN THE HIGH COURT OF GAUHATI (IMPHAL BENCH)
T. NANDAKUMAR SINGH, J.
Naorem Deepak Singh – Appellant
Vs.
State of Manipur and Ors. – Respondent
Decided On : 23.09.2009
Headnote:
Constitution of India, 1950 - Article 16(4) and 15(4) - Manipur MBBS/BDS Entrance Examination (Selection of Candidates for Nomination) Rules, 2004 - Rule 19 and 14 - Government shall reserve one MBBS or BDS seat for Children of Armed Forces Personnel/Ex-serviceman for nomination against seat as opted by selected candidate who would be placed in appropriate categories - General, Scheduled Castes, Scheduled Tribes and Other Backward Classes (excluding creamy layer of Other Backward Classes as defined vide Government, Department of Personnels Letter No - Government shall reserve 3% of total seats of MBBS/BDS allocated in a year to State for persons with locomotory disorder/disability of lower limb between 50% to 70% or nomination against seat as opted by selected candidate who would be placed in appropriate categories-General, Scheduled Castes, Scheduled Tribes and Other Backward Classes (excluding the creamy layer of Other Backward Classes as defined vide Government, Department of Personnels Letter No - Notification dated clearly mentioned last date for submission of application forms and also issue of Admit Card – Held, Apex Court in clear terms held that where social reservation for women is provided within social reservation (vertical reservation) for Scheduled Caste, proper procedure is to fill up quota for Scheduled Caste in order of merit then to find out number of candidates amongst them who belonged to special category group "Scheduled Caste women" have been filled up - If number of women in such list is equal to or more than number of special reservation quota then there is no need for further selection towards special reservation quota - In case in hand as stated above horizontal special reservation for Ex-servicemen is an overall reservation i.e. only one seat and not special compartmentalized reservation - Principles applicable for filling up post for vertical (social) reservation such as number of candidates belonging to vertical (social) reservation selected or nominated in merit will not be counted against quota reserved for social vertical reservation shall not be applicable to special horizontal reservation for overall basis i.e. one seat for MBBS/BDS course and there shall be no reservation for one more seat for candidates belonging to special horizontal reservation for Ex-servicemen as two candidates had already been included in filling up in first two steps, i.e. 1st step for filling up seat for general candidates and 2nd step for filling up seat for vertical reservation - Again on this scope also selection/nomination of private respondent No. 5, under select list dated for Ex-servicemen/Scheduled Caste is quashed - Corollary of this judgment and order is that petitioner who admittedly secured more marks than that of private respondent No. 5 in selection test, is to be nominated for one seat for MBBS/BDS course for Scheduled Caste for academic session - State respondents are ordered accordingly - Writ petition is allowed.
T.N.K. Singh, J.
1. By this writ petition, the petitioner is praying for quashing/setting aside the selection of private respondent No. 5, Shri Mayanglambam Pawankumar Singh, who comes in the category of Special Horizontal Reservation Quota for the children of armed forces personnel/Ex-serviceman, for nomination against one reserved seat of MBBS/BDS Course for the academic session, 2009-10 and also for a direction for providing one reserved seat for the Vertical (Social Reservation) for Scheduled Caste, for the MBBS/BDS Course for the academic session 2009-10 to the petitioner.
2. Heard Mr. N. Ibotombi, learned Counsel and Mr. H. S. Paonam, learned Counsel appearing for the petitioner, Mr. Th. Ibohal, learned senior Government Advocate appearing on behalf of respondent Nos. 1, 2 and 3, Mr. N. Kumarjit, learned Counsel appearing on behalf of respondent No. 4 as well as Mr. N. P. C. Singh, learned senior Advocate assisted by Mr. N. Jotendro, learned Counsel appealing on behalf of private respondent No. 5.
3. BACKGROUND FACT:
Admittedly, for the State of Manipur, vertical (social reservation) under Article 15(4) and/or Article 16(4) of the Constitution of India are as follows:
(a) Scheduled Tribe (ST) -31%
(b) Scheduled Caste (SC) - 2%
(c) Other Backward Classes (OBC) -17%
Total Reservation -50%
For the 17% reservation for OBC, the Government of Manipur issued office memorandum being No. 9/1/90 (OBC) DP, Imphal dated 24-4-2007, under which percentage of reservation are as such:
Sl. No. Name of Community Percentage of reservation
1. Meitei/Meitis (including Meitei Brahamin, Meitei/Meetei Sana-Mahi, Meitei Rajkumar) 12.5%
2. Meitei Pangal 4 %
3. Telis who have been domiciled in Manipur for 10 years and their descendants.
4. Badi (Nepali), Damai (Nepali), Satki (Nepali) and Kami (Nepali) who have been living in Manipur as members of the domiciled community since 9-7-1947 and their descendants 0.50%
Total 17%
No. The Government of Manipur makes the Rules called "Manipur MBBS/BDS Entrance Examination (Selection of Candidates for Nomination) Rules, 2004 (hereinafter referred to as 'Selection Rule, 2004).
Rule 19 of the Selection Rules, 2004 provides the Special Reservation i.e. Special Horizontal Reservation for the children of Armed Forces personnel or/Ex serviceman, for meritorious sports person, disabled person etc. Rule 19 of the Rules read as follows:
19.(i) The Government shall reserve seats for Scheduled Tribes, Scheduled Castes and Other Backward Classes [excluding the creamy layer of the Other Backward Classes as defined vide Government of Manipur, Department of personnel's letter No. 9/1/90 (OBC)/DB dated 2-8-2004 read with GOI: DP & TRG's O.M. No. 36033/3/2004-Estt (Res) dated 9-3-2004] as per policy of the State Government from time to time in force.
(ii) The Government shall reserve one MBBS or BDS seat for the Children of Armed Forces Personnel/Ex-serviceman for nomination against the seat as opted by the selected candidate who would be placed in the appropriate categories - General, Scheduled Castes, Scheduled Tribes and Other Backward Classes (excluding the creamy layer of the Other Backward Classes as defined vide Government of Manipur, Department of Personnel's Letter No. 9/1/90 (OBC)/DP dated 2-8-2004 read with GOI: DP & TRG's OM No. 36033/3/2004-Estt (Res) dated 9-3-2004) by making adjustment within the quotas available for each category.
(iii) The Government shall reserve one MBBS or BDS seat for meritorious sports-person for nomination against the seat as opted by the selected candidate who would be placed in the appropriate categories - General, Scheduled Castes, Scheduled Tribes and Other Backward Classes excluding the creamy layer of the Other Backward Classes as defined vide Government of Manipur, Department of Personnel's Letter No. 9/1/90 (OBC)/DP dated 2-8-2004 read with GOI: DP & TRG's OM No. 36033/2004-Estt (Res) dated 9-3-2004) by making adjustment within the quotas available for each category.
(iv) The Governm
