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

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.