JUDGMENT

1. W.P.(C) No.726 of 2016 has been filed by the petitioners to quash the proceedings and recommendations of the review Departmental Promotion Committee meeting (3rd review DPC) held on 19.8.2016 relating to the appointment by promotion from Inspectors of Police/Subedars/Subedar-Majors of Manipur Police Department to Manipur Police Service Grade-II in Manipur Police Department and the promotion order dated 15.9.2016 and to direct the respondent State to convene/constitute a fresh/review DPC meeting to appoint by promotion from the posts of Inspectors of Police/Subedars/ Subedar Majors of Manipur Police Department to Manipur Police Service Grade-II and to select the petitioners in Manipur Police Grade-II in an unbiased and fair manner.

2. W.P.(C) No.885 of 2016 has been filed by the petitioner to quash the impugned promotion order dated 15.9.2016 and to direct the respondents to convene/constitute a fresh DPC held on 18.9.2016 relating to appointment of MPS Grade-II within a specific period according to the judgment and order dated 12.3.2010 and order dated 23.10.2015 passed in W.P.(C) Nos.265 of 2007 and W.P.(C) No.816 of 2013 respectively.

3. Facts:

The case of the petitioner in W.P.(C) No.726 of 2016 is that they were initially appointed as Jamadars in Manipur Police Department and were subsequently promoted as Subedars. While the petitioners were working as Subedars, 41 vacant posts of MPS Grade-II became available for promotion, out of which 2 vacant posts existed in the year 2006-2007 and 39 posts for the year 2006-2007, where reservation for SC is NIL and ST is 12. Following 100 roster point existing at the relevant time, the first DPC selected 12 ST candidates and 1 SC candidate and the petitioners herein were selected in the 1st DPC proceedings dated 12.1.2007 in view of their seniority and having overall grading of 'very good' in the ACRs. In the meanwhile, some of the officers, who were not selected, have filed W.P.(C) No.265 of 2006 challenging the first DPC dated 12.1.2007 and the consequent appointment dated 1.3.2007 and the said writ petition was allowed with a direction to hold a review DPC. Accordingly, 2nd review DPC dated 1.7.2013 was held where the reservation proposal of the State Government remained the same and the 2nd review DPC selected 12 ST candidates and 1 SC candidate and the present petitioners were again selected in the 2nd review DPC dated 1.7.2013 and promotion order dated 18.10.2013 was issued. Two officers who were not selected again challenged the 2nd review DPC in W.P.(C) No.816 of 2013. The said writ petition was allowed with certain directions. However in W.P.(C) No.816 of 2013 the reservation in regard to the present promotion to MPS Grade-II officers was not under challenge. Finally, 3rd review DPC, which is impugned herein, was held, wherein the petitioners were not selected. Challenging the same, the petitioners have filed the writ petition.

[3.1] Resisting the writ petition, respondents 1 and 3 filed counter stating that reservation for appointment to the posts and services under the Government of Manipur including by promotion to MPS Grade-II is governed by the Manipur Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1976 and the Rules framed thereunder from time to time. Section 3 of the said Act provides that the Act shall apply to all appointments to the posts and services under the State except for exemptions as provided thereunder. It is stated that as per DoPT Office Memorandum dated 11.7.2002 read with Office Memorandum dated 31.1.2005, in case of promotion by selection method, SC/S