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2016 Supreme(Manipur) 35

IN THE HIGH COURT OF MANIPUR AT IMPHAL
N. KOTISWAR SINGH, J.
Shri Thokchom Autumn Meitei - Petitioner
Versus
The Manipur Public Service Commission through its Secretary and Ors. - Respondents
W.P.(C) No. 705 of 2014
Decided On : 28-03-2016

Advocates Appeared:
For the Petitioner:Mr. B.P. Sahu, Sr. Adv., Mr. Hungyo Zhinkai, Advocate.
For the Respondents: Mr. Th. Ibohal, A.G., Manipur, Mr. O. Ratankumar, Adv., Mr. R.S. Reishang, Sr. G.A., Mr. Shyam Sharma, G.A.

Relaxation of recruitment rules for a particular category of candidates cannot be extended to other categories of candidates unless the same is provided under the rules and advertised.

Headnote:

MANIPUR FOREST SERVICE GRADE-II (ASSISTANT CONSERVATOR OF FOREST) EXAMINATION 2013 - APPOINTMENT - RELAXATION OF PHYSICAL FITNESS TEST - MANIPUR FOREST RULES, 1986 - ARTICLES 14 AND 16 OF THE CONSTITUTION OF INDIA - HELD, RELAXATION GRANTED TO ST CANDIDATES FOR FILLING UP OF VACANCY UNDER ST CATEGORY IS VALID BUT THE SAME CANNOT BE EXTENDED TO OTHER CATEGORIES.

Fact of the Case:

The petitioner, belonging to the OBC(M) category, challenged the appointment of a candidate belonging to the ST category to an unreserved post in the Manipur Forest Service Grade-II (Assistant Conservator of Forest) Examination, 2013. The ST candidate was initially found unfit in the physical test but was later allowed to reappear in the test and was found fit. The petitioner contended that the relaxation granted to the ST candidate was arbitrary and discriminatory and violated Articles 14 and 16 of the Constitution of India.

Finding of the Court:

The court held that the relaxation granted to the ST candidate was valid only for the purpose of filling up the lone vacancy under the ST category. However, the relaxation could not be extended to other categories of candidates, including the unreserved category. The court held that considering ST candidates who had been given another opportunity to reappear in the physical test/walking test, for appointment under the unreserved category, would amount to giving undue advantage to such ST candidates, which will violate the mandate of law under Articles 14 and 16 of the Constitution of India, and hence not permissible.

Issues: 1. Whether the relaxation granted to the ST candidate was valid? 2. Whether the relaxation could be extended to other categories of candidates, including the unreserved category?

Ratio Decidendi: 1. The relaxation granted to the ST candidate was valid only for the purpose of filling up the lone vacancy under the ST category. 2. The relaxation could not be extended to other categories of candidates, including the unreserved category.

Final Decision: The court allowed the petition to the extent that the petitioner was directed to be included in the merit list for appointment against one of the 2 (two) reserved vacancies for OBC(M). The Manipur Public Service Commission and the State respondents were directed to take necessary actions steps as directed above, for appointment of the petitioner against one of the vacancies/posts under the OBC(M) category, within a period of one month from the date of receipt of a certified copy of this order.

JUDGEMENT AND ORDER :

Heard Mr. B.P. Sahu, learned Senior counsel assisted by Mr. Hungyo Zhinkai, learned counsel for the petitioner. Also heard Mr. Th. Ibohal Singh, learned Advocate General assisted by Mr. O. Rantankumar, Advocate and Mr. R.S. Reishang, learned Senior Govt. Advocate assisted by Mr. Shyam Sharma, Govt. Advocate for the Manipur Public Service Commission (MPSC).

2. There was an advertisement issued on 27.8.2013 by the Manipur Public Service Commission (MPSC) for recruitment to 13 posts of Manipur Forest Service (MFS) Grade-II (Assistant Conservator of Forest) against direct recruitment quota. Of the aforesaid 13 advertised posts, 7 were unreserved, 4 were reserved for ST and 2 for OBC (Meitei).

3. The recruitment process consisted of a written test which was held by the MPSC from 24th February to 7th March, 2014. The interview/personality test and physical standard test as well as walking test as required under the rules were held in June, 2014.

On completion of the aforesaid recruitment process, the MPSC recommended 12 (twelve) candidates for appointment to the posts of MFS Grade-II (Assistant Conservator of Forest) for the 13 (thirteen) advertised posts.

While making recommendation of 12 (twelve) candidates, the MPSC also forwarded the consolidated merit list of the 36 candidates who were found eligible including all those who were found ‘unfit’ in the physical test. On the basis of the aforesaid consolidated merit list, after ignoring those candidates who were found unfit in the physical test, the MPSC prepared a separate select list consisting of 7 (seven) candidates for filling up the 7 (seven) unreserved vacancies, another select list consisting of 3 (three) candidates for the 4 (four) advertised posts of STs and a third list as regards the 2 posts reserved for OBC (Meitei). MPSC also prepared a waiting list consisting of 1 candidate belonging to General Category.

The final result of the 39 (thirty nine) candidates is reproduced herein below:

MANIPUR PUBLIC SERVICE COMMISSION

MANIPUR FOREST SERVICE GRADE-II (ASSISTANT CONSERVATOR OF FOREST) EXAMINATION 2013

MERIT LIST OF 39 CANDIDATES CALLED FOR INTERVIEW

Merit No.

Roll No.

Name of candidate

Category

G.K.

G.E.

Optional-I

Optional-II

Written Total

Interview

Final Total

Physical Fitness

 

Subject

Marks

Subject

Marks

(A)

(B)

(C)

(D)

 

(100)

(100)

(200)

 

(200)

(600)

(75)

(675)

F/UF

 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

 

1

1012

NAPOLEAN RONGMEL

ST

048

077

Forestry

165

Env,Sc

160

450

46

496

FIT

 

2

0700

LEISHANGTHEM

JEECEELEE

OBC(M)

056

072

Botany

148

Forestry

160

436

48

484

FIT

 

3

0823

S.L..

NIANGTHIANHOI

ST

034

085

Forestry

153

Env.Sc.

145

417

51

468

FIT

 

4

0921

MAHAMUDA

BEGUM

OBC(MP)

055

070

Botany

154

Env.Sc.

135

414

54

468

FIT

 

5

0465

WAIKHOM

ROMABAI

GEN

039

075

Forestry

156

Env.Sc.

141

411

46

457

FIT

 

6

0147

SANASAM

PRAVEEN KUMAR

GEN

051

083

Forestry

145

Env.Sc.

135

414

40

454

UNFIT

 

7

0483

SARUNGBAM

KISON SINGH

OBC(M)

054

075

Botany

120

Zoology

153

402

42

444

UNFIT

 

8

1795

HASBY HAOKIP

ST

053

068

Botany

101

Env.Sc.

156

378

59

437

FIT

 

9

1074

LAISHRAM GITLA

OBC(M)

035

081

Botany

109

Env.Sc.

151

376

59

435

FIT

 

10

0506

M. WUNGRIN

LANSING

ST

053

071

Forestry

140

Env.Sc.
































































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