JUDGMENT

1. This writ petition has been filed to quash the impugned seniority list of Jemadars of Manipur Police Department so far as declaring the fourth respondent as Scheduled Caste [SC] category, as the same is against the record. The petitioner also sought direction on the respondents to consider the case of the petitioner for appointment to the post of Subedar in Manipur Police Department under SC category.

2. Briefly stated case of the petitioner is that on the recommendation of Class-III DPC held on 7.11.2006, the petitioner and the fourth respondent were initially appointed as Jemadars in Manipur Police Department and the name of the petitioner is found in the order dated 18.12.2006 under the category of SC and the name of the fourth respondent is found in the said order under the category General. In the draft seniority of Jemadars of Manipur Police Department as on 1.6.2012, the name of the petitioner is found at Serial No.149 with indication that he belonged to SC category and the name of the fourth respondent is found at Serial No.111 with no indication of belonging to any category of ST/SC and, thus, he is a General category candidate.

3. Further case of the petitioner is that at the time of consideration for promotion to the higher post of Subedars, both the petitioner and the fourth respondent have become eligible for consideration. However, to the shock and surprise of the petitioner, another list of Jemadar was found to have been circulated reflecting that the fourth respondent with JCO No.621 to have been belonged to SC category which is against the record, as could be seen from the initial appointment order dated 18.12.2006 and the draft seniority list dated 1.6.2012. Hence, the petitioner prayed for protecting his right and interest and such impugned seniority list sofar as declaring the fourth respondent as SC category candidate is not sustainable in the eye of law and therefore the same is liable to be quashed.

4. Denying the averments set out in the affidavit filed in support of the writ petition, the second respondent - Director General of Police filed affidavit-in-opposition stating that on checking of the service book of the fourth respondent, an entry has been made that he belongs to SC category.

5. The fourth respondent field affidavit-in-opposition stating that at the time of submission of application for filling up the post of Jemadars, due to some unavoidable circumstances, the fourth respondent was not able to submit the caste certificate, but with the permission of higher authorities, he has submitted his caste certificate and in column No.7(b), the fourth respondent entered as SC and may be due to late submission of the caste certificate, the authority might have reflected the fourth respondent's as General category in the order dated 18.12.2006. However, in the impugned seniority list, it has been rightly corrected and reflected the name of the fourth respondent as belonging to the category of SC and, as such, the authority in consideration of the fact that the fourth respondent is a SC candidate, initiated steps for promotion and there would not be any violation of rules or law.

6. When the writ petition was taken up for hearing, this Court passed an interim order on 19.12.2018 that in the event of the private respondent being considered as SC category, result shall not be declared till the next date and in case, being considered as General candidate, this order shall not have application. The fourth respondent filed M.C.(WP) No.37 of 2019 to vacate the said interim order dated 19.12.2018.

7. Assailing the impugned seniority list in respect of the fourth respondent, the learned counsel for the petitioner submitted that the fourth respondent has applied as a General candidate and was also appointed against the General category post at his initial entry in service. Thus, the fourth respondent has deemed to have waived his benefit of SC status.

8. The learned counsel further submitted that at no point