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2022 Supreme(Manipur) 2

IN THE HIGH COURT OF MANIPUR AT IMPHAL
Ahanthem Bimol Singh, J.
Naorem Nepolian Meitei & Ors. - Appellants
Versus
Union Of India & Ors. - Respondents
WP(C) No. 159 of 2021
Decided On : 04-05-2022

Advocates appeared:
Mr. Ng. Jotindra Luwang, Advocate, for the Petitioners; Mr. Boboy Potsangbam, CGSC & Mr. S. Samarjeet, Sr. Panel Counsel, for the Respondents

IMPORTANT POINT
The relaxation provisions in recruitment processes should be applied uniformly to candidates from specific regions, irrespective of their reserved or un-reserved category, to avoid discrimination and uphold constitutional rights.

Headnote:

Relaxation - Recruitment Process - Para 9-III, Para 11(xiii), Para 11(xiv) - The court discussed the relaxation in the measurement of height and chest as provided under para 9-III of the recruitment notification of the Staff Selection Commission. It held that the relaxation is available to all candidates hailing from the North Eastern States, irrespective of their reserved or un-reserved category. The court also found the non-selection of SC and OBC candidates on the alleged ground of availing relaxation as discriminatory and violative of the Constitution.

Fact of the Case:

The petitioners, belonging to reserved categories, challenged their non-selection for Constable/Rifleman positions despite scoring higher marks than many selected un-reserved candidates. The respondents argued that the petitioners, who availed relaxation in the Physical Standard Test, could only be counted against reserved vacancies.

Finding of the Court:

The court found the non-selection of petitioners based on availing relaxation as discriminatory and violative of the Constitution. It directed the respondents to consider the petitioners against un-reserved vacancies and re-examine the cases of ST candidates for qualification without availing relaxation.

Issues: Non-selection of reserved category candidates against un-reserved posts, interpretation of relaxation provisions, discrimination based on availing relaxation, and violation of constitutional rights.

Ratio Decidendi: The relaxation in the measurement of height and chest is available to all candidates from North Eastern States, irrespective of their reserved or un-reserved category. Non-selection based on availing relaxation is discriminatory and violative of the Constitution.

Final Decision: The court directed the respondents to consider the petitioners against un-reserved vacancies and re-examine the cases of ST candidates for qualification without availing relaxation.

JUDGMENT

1. Heard Mr. Ng. Jotindra Luwang, learned Advocate appearing for the petitioners, Mr. Boboy Potsangbam, learned CGSC appearing for the respondent No. 1 and Mr. S. Samarjeet, learned senior panel counsel appearing for the respondent Nos. 2 to 6.

2. The present writ petition had been filed questioning the legality and sustainability of the non-selection of the petitioners, who belongs to reserved category (ST/SC/OBC) and who have not availed any relaxation in the recruitment process for their appointments as Constable/ Rifleman, even though they got more marks than many of the selected candidates against the un-reserved posts.

3. The fact of the present case, in a nutshell, is that the Staff Selection Commission issued a notice dated 21-07-2018 for conducting an open examination for recruitment to the post of Constable (General Duty) in Border Security Force (BSF), Central Industrial Security Force (CISF), Central Reserved Police Force (CRPF), Indo-Tibetan Border Police (ITBP), Sashastra Seema Bal (SSB), National Investigation Agency (NIA), Secretariat Security Force (SSF) and Rifleman (General Duty) in Assam Rifles. Altogether 54953 vacancies (47307 Male/7646 Female), including 490 vacancies for male candidates earmarked for the Manipur State were also notified in the said notice.

4. The recruitment process consists of Computer Based Examination (CBE), Physical Efficiency Test (PET), Physical Standard Test (PST) and Medical Examination. In Para 11 (ix) of the said notice, it is provided that on the basis of the aggregate marks scored by the candidates in Computer Based Examination, the final selection of candidates, along with force allocation, in each category namely, Un-Reserved, SC, ST, OBC and Ex-Servicemen will be made separately for male and female candidates in respect of each State/ UT and further earmarked category of border guarding and militancy/ naxals affected Districts wherever applicable and that selection of candidates for NIA and SSF will be made on all India basis.

5. In para 9-III of the aforesaid notice and under the heading 'Scheme of Examination', the Physical Standard Test (PST) is provided as under:-

'9. Scheme of Examination:

III. Physical Standard Test (PST):

Physical standards laid down for the post of Constable/ Rifleman are -

a. Height

Height (in cms)

Male

Female

General, SC & OBC candidates (except those mentioned below)

170

157

Relaxation:

 

 

The minimum height for all candidates belonging to Scheduled Tribes

162.5

150

The minimum height for all Scheduled Tribe candidates hailing from the North-Eastern States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim & Tripura and Naxal/ Left Wing Extremism affected Districts.

160

147.5

The minimum height for the candidates falling in the categories of Garhwalis, Kumaonis, Dogras, Marathas and candidates belonging to the States of Assam, Himachal Pradesh and Jammu & Kashmir

165

155

The minimum height for the candidates hailing from North Eastern States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura

162.5

152.5

The minimum height for the candidates hailing from Gorkha Territorial Administration (GTA) comprising of the three sub-Division of Darjeeling District namely Darjeeling, Kalimpong and Kurseong and includes the following 'Mouzas' Sub-Divisions of these Districts.

(1) Kigargarg Tea Garden (2) Lohagarh Forest (3) Rangmohan (4) Barachenga (5) Panighata (6) Chota Adalpur (7) Paharu (8) Sukna Forest (9) Sukna Part-I (10) Pantapati Forest-1 (11) Mahanadi Forest (12) Champasari Forest (13) Salbari Chhatpart-II (14) Sitong Forest (15) Sivoke Hill Forest (16) Sivoke Forest (17) Chhota Chenga (18) Nipania

157

152.5

b. Chest:

 

Chest (in cms: Unexpanded/ Minimum expansion)

Male

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