Manipur High Court
Naorem Brajeshwor Singh & 2 Ors vs Manipur Public Service ... on 17 May, 2022
SHOUGRA Digitally [1]
signed
by
KPAM SHOUGRAKPAM IN. 15
DEVANANDA
DEVANAN SINGH
Date: 2022.05.17
DA SINGH 11:48:12 +01'00'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 352 of 2022
Naorem Brajeshwor Singh & 2 ors. ... Petitioners
Vs.
Manipur Public Service Commission & anr. ... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
17-05-2022
[1] Heard Mr. N. Umakanta, learned counsel appearing for the
petitioners.
[2] Issue notice, returnable within three weeks.
[3] Mr. R.S. Reisang, learned senior counsel accepts notice on
behalf of the respondent Nos. 1 and Mr. H. Debendra, learned Government
Advocate accepts notice on behalf of the respondent No. 2, hence no
formal notice is called for.
[4] The case of the petitioners is that they appeared in the Manipur
Civil Services Combined Competitive (Main) Examination, 2016. By an
order dated 11-02-2022 passed by the Hon'ble Supreme Court of India in
SLP (C) Diary No. 5680 of 2021, the Hon'ble Apex Court has directed the
MPSC to conduct the Manipur Civil Services Combined Competitive (Main)
Examination, 2016 afresh within a period of four months and that only those
candidates (successful/ unsuccessful) who have appeared in the said Main
Examination conducted in September, 2016 will be eligible to appear in the
proposed examination.
[5] Pursuant to the direction of the Hon'ble Apex Court, the MPSC
took up necessary process for conducting the said main examination afresh
and in the process, the MPSC issued a notification dated 24-03-2022
notifying the candidates eligible to appear in the said main examination and
to update the following details - (a) Recent passport size photograph; (b)
Signature; (c) Mobile Number & (d) Postal Address. It is also notified in the
[2]
said Notification that such updation should be done within 28-03-2022 to
midnight of 10-04-2022.
The petitioners submitted that through bonafide inadvertence,
they have failed to have knowledge about the issuance of the said
notification through the printed media and through the website of the MPSC
and accordingly, they failed to upload their data within the period
prescribed. However, they approached the authorities of the MPSC to allow
them to update the said data and to allow them to appear in the said main
examination as directed by the Apex Court by filing representations. As the
said representations have not been considered till today by the authorities,
the petitioners approached this court by filing the present writ petition with
a prayer for directing the authorities of the MPSC to allow them to appear
in the said main examination.
[6] When the matter is taken up today, the learned senior counsel
for the MPSC submitted that he has got instruction that it will be difficult on
the part of the authorities to allow the petitioners to appear in the said
examination as every preparation has already been made and since the
petitioners have failed to upload the relevant data within time, they are not
entitled to appear in the said main examination. The learned senior
counsel, accordingly, prayed that he may be given a chance to file a
detailed counter affidavit.
[7] After hearing the rival submissions of the learned counsel for
the parties, this court is of the considered view that the Hon'ble Apex Court
has categorically directed the MPSC to hold the aforesaid main
examination afresh and to allow all the candidates (successful/
unsuccessful) who have appeared in the main examination conducted in
September, 2016 to appear in the main examination to be held afresh.
Pursuant to the direction of the Hon'ble Apex Court, the MPSC had also
issued a notification dated 24-03-2022 notifying the eligible candidates
wherein the names of the petitioners are also included.
[3]
[8] In view of the above, it will be in the interest of justice to allow
the petitioners to appear in the said main examination. This court is also of
the considered view that the MPSC cannot sit over the judgments and
directions given by the Hon'ble Apex Court and accordingly, it is hereby
directed that the petitioners should be allowed to update their relevant data
within a period of two days from today and the MPSC should ensure that
they are allowed to appear in the main examination to be held on 26 th, 27th
and 29th May, 2022. It is, however, made clear that the result in respect of
the present petitioners in the said main examination shall be subject to the
outcome of this writ petition.
List this case again on 07-06-2022.
A copy of this order be furnished to all the counsel appearing
for the parities through their WhatsApp/e-mail for doing the needful during
the course of the day.
JUDGE
Devananda
