Suppl.-2 Item Nos. 1-2 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 942 of 2025 Dr. G. Poufullung Kabui & 3 Ors.

…Petitioners - Versus -

State of Manipur & 3 Ors.

…Respondents With MC(WP(C)) No. 872 of 2025 B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

ORDER

28-11-2025 [1] These matters are taken up on mentioning due to urgency and listed as Supplementary-2.

[2] Present Mr. N. Ibotombi, learned senior counsel assisted by Ms. Y. Jinita, learned counsel for the petitioners and Mr. Y. Ashang, learned Government Advocate, assisted by Mr. Phungyo Zingkhai, learned Dy.

Government Advocate on behalf of the State respondents.

[3] The petitioner Nos. 1, 2 & 4 are Senior Residents and the petitioner No. 3 is the Tutor/Demonstrator in Jawaharlal Nehru Institute of Medical Sciences (JNIMS). Mr. N. Ibotombi, learned senior counsel for the petitioners, refers to the Time Scale Promotion (Regularly appointed Senior Residents/Tutor/Demonstrator/Lady Medical Officer possessing Post Graduate Degree) (1^st Amendment) Rules, 2022 issued vide notification dated 16-02-2022 whereby 4 PG seats in JNIMS are reserved for such Senior Resident/Tutor/Demonstrator working in JNIMS for the years 2021-

2025. It is submitted that for the year, 2025, one seat each under Anaesthesiology, Medicine, Paediatrics and Respiratory Medicine has been earmarked for admission in PG for in-service candidates. However, the State Government issued a notification dated 06-11-2025 known as “The Manipur Medical Postgraduate Seat Allotment Schemes, 2025” for the distribution of PG seats in the State of Manipur. By the impugned notice dated 24-11-2025 issued by the Convenor, State Level Medical PG Counselling Committee, 2025 & Dean (Academics), JNIMS, Imphal, it is stated that the selection of PG seats for Manipur will be considered on the basis of “The Manipur Medical Postgraduate Seat Allotment Schemes, 2025”. Mr. N. Ibotombi, learned senior counsel for the petitioners, refers to JNIMS Scheme of 2022 whereby the year, 2025 will be the final year for the scheme and the scheme will not be effective after the year, 2025. Attention of this Court is drawn to the new scheme of 2025 and it is submitted that the JNIMS Scheme of 2022 is not repealed or superseded by the new scheme of 2025. Mr. N. Ibotombi, learned senior counsel for the petitioner, refers to the decision of this Court in the case of Dr. Ibetombi Kshetrimayum Vs. State of Manipur & 3 Ors reported as 2025 Volume 2 Manipur Law Journal 289 whereby this Court had upheld the validity of the scheme in spite of the decision of the Supreme Court in the case of Dr. Tanvi Behl Vs. Shrey Goel, reported as 2025 INSC 125 and this Court rejected that the scheme has been superseded by the judgment of the Hon’ble Supreme Court in Dr. Tanvi Behl case (supra). In that judgment, the learned Advocate General has retracted the stand of the State and agreed with the view of this Court that Dr. Tanvi Behl case (supra) does not abrogate the JNIMS Scheme of 2022. The judgment has been upheld by the Division Bench and the SLP has been dismissed by the Hon’ble Supreme Court. Mr. N. Ibotombi, learned senior counsel for the petitioners, submits that by not considering the JNIMS Scheme of 2022, the rules framed under Article 309 of the Constitution and the statutory right of the petitioners of availing JNIMS Scheme under JNIMS sponsored candidates have been effected and it is stated that the notice dated 24-11-2025 excludes the JNIMS Scheme of 2022 thereby depriving the petitioners of their 4 seats earmarked for the year, 2025 under the JNIMS scheme.

[4] Mr. Y. Ashang, learned Government Advocate appearing for the respondents, submits that he has been served with the copy of the petition just now and wants to go through the same and the matters may be listed on Tuesday, i.e. 02-12-2025 after taking instructions.

[5] In the circumstances, list these cases on 02-12-2025. However, 4 seats for the year, 2025 for PG in JNIMS be reserved for consideratio