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 appearing 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/Meiteis (including Meitei Brahmin, Meitei/Meitei 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 have been living in Manipur as members of the domiciled community since 9-7-1947 and their descendants. 0.50%

Total 17%

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 personnels letter No. 9/1/90 (OBQ/DB dated 2-8-2004 read with GOI:DP and TRGs 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 Personnels Letter No. 9/1/90 (OBC)/DP dated 2-8-2004 read with GOI:DP and TRGs 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 Personnels Letter No. 9/1/90 (OBC)/DP dated 2-8-2004 read with GOI:DP and TRGs OM No. 36033/2004-Estt (Res) dated 9-3-2004) by making adjustment within the quotas available for each category.

(iv)