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P A G E | 14 vs The State Of Manipur Represented ...
2022 Latest Caselaw 417 Mani

Citation : 2022 Latest Caselaw 417 Mani
Judgement Date : 19 September, 2022

Manipur High Court
P A G E | 14 vs The State Of Manipur Represented ... on 19 September, 2022
SHAMURAILATPAM                 Digitally signed by
                               SHAMURAILATPAM SUSHIL SHARMA
SUSHIL SHARMA                  Date: 2022.09.19 14:23:16 +05'30'
                                                                               Page |1


                         THE HIGH COURT OF MANIPUR
                                 AT IMPHAL

                               WP(C) No. 1002 of 2018

               1.    Smt. Nongmaithem Memcha Devi, aged about 56
                     years, D/o (L) N. Ibomcha Singh, resident of
                     Brahmapur Bheigyabati Leikai, P.S. Porompat, P.O.
                     Imphal, Imphal East District, Manipur - 795001.

               2.    Smt. Meinam Sushila Devi, aged about 54 years,
                     W/o N. Naba Singh, resident of Nagampal Kangjabi
                     Leirak, P.S. Lamphel, P.O. Imphal, Imphal West
                     District, Manipur - 795001.

               3.    Shri Ayekpam Ranjit Singh, aged about 56 years,
                     S/o (L) A. Jate Singh, resident of Nagamapal
                     Kangjabi Leirak, P.S. Lamphel, P.O. Imphal, Imphal
                     West District, Manipur - 795001.

               4.    Shri Dinamani Haobam, aged about 39 years, S/o
                     (L) Giri Mohan Haobam, resident of Brahmapur
                     Bheigyabati Leikai, P.S. Porompat, P.O. Imphal,
                     Imphal East District, Manipur - 795001.

               5.    Shri Hidangmayum Imo Sharma, aged about 41
                     years,     S/o     Hidangmayum           Manglen       Sharma,
                     resident of Konjeng Leikai, Club Keithel, P.S.
                     Singjmaei P.O. Canchipur, Imphal West District,
                     Manipur - 795003.

               6.    Shri Soubam Dhaneswar, aged about 36 years, S/o
                     S. Dhevendra Singh, resident of Sega Road
                     Khwairakpam Leikai, P.S. / P.O. Imphal, Imphal
                     West District, Manipur - 795001.




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             7.    Shri S. Ashinikumar Singh, aged about 35 years,
                   S/o S. Gunamani Singh, resident of Wangkhei
                   Laishram Leikai, P.S. Porompat, P.O. Imphal,
                   Imphal East District, Manipur - 795001.

             8.    Shri L. Gojen Singh, aged about 57 years, S/o
                   (L) L. Udhop Singh, resident of Haobam Marak
                   Lourembam Leikai, P.S. Singjamei, P.O. Imphal,
                   Imphal West District, Manipur - 795001.

             9.    Shri Nipinchandra Singh Mayengbam, aged about
                   31 years, S/o M. Joychandra Singh, resident of
                   Porompat Thawanthaba Leikai, Ayangpali Road,
                   P.S. / P.O. Porompat, Imphal East District, Manipur
                   - 795005.

             10. Shri Thangjam Boboy Meetei, aged about 30 years,
                   S/o Th. Biren Meetei, resident of Khurai Puthiba
                   Leikai, Arambam Leirak, P.S Porompat, P.O.
                   Lamlong, Imphal East District, Manipur - 795010.

             11. Smt. S. Nirvarani Devi, aged about 54 years, W/o
                   Laishram Shambhu Singh, resident of Kwakeithel
                   Laishram Leikai, P.S. Singjamei, P.O. Imphal,
                   Imphal West District, Manipur - 795001.

             12. Smt. Sinam Tampha Devi, aged about 44 years,
                   W/o       Kh. Shitaljit Singh, resident of Singjamei
                   Wangma Kshetri Leikai, P.S Irilbung, P.O. Imphal,
                   Imphal East District, Manipur - 795001.

             13. Smt. R.K. Premabati Devi, aged about 53 years,
                   W/o      W.     Basantakumar          Singh,      resident      of
                   Keishamthong Next to Ramlal Paul Hr. Sec. School,




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                   P.S/P.O. Imphal, Imphal West District, Manipur -
                   795001.

             14. Smt. Merina Devi, aged about 38 years, W/o H.
                   Bhushan Singh, resident Keishampat Leimajam
                   Leikai, P.S./P.O. Imphal, Imphal West District,
                   Manipur - 795001.

             15. Smt. Th. Saroda Devi, aged about 57 years, W/o N.
                   Ranjit     Singh,     resident     of    Khongman        Okram
                   Chuthek, P.S. Porompat, P.O. Canchipur, Imphal
                   East District, Manipur - 795003.

             16. Smt. N. Ruparani Devi, aged about 37 years, W/o
                   Kh. Manikanta Singh, resident of Singjamei Makha
                   Nongmeirakpam Leikai, P.S./P.O Singjamei, Imphal
                   West District, Manipur - 795008.

             17. Smt. Nongmeikapam Renubala Devi, aged about
                   32 years, W/o Yumnam Sanjit Singh, resident of
                   Nagamapal Kangjabi Leirak, P.S. Lamphel, P.O.
                   Imphal, Imphal West District, Manipur - 795001.

             18. Smt. Mangsatabam Ibethoi Chanu, aged about 44
                   years, D/o Mangsatabam Lokendra, resident of
                   Thongju Part II, Nameirakpam Leikai, P.S./P.O.
                   Singjamei, Imphal West District, Manipur - 795008.

             19. Smt. Laishram Bejalee Devi, aged about 39 years,
                   D/o (L) Laishram Darendrajit Singh, resident of
                   Khurai Kongpal Laishram Leikai, P.S. Porompat,
                   P.O. Imphal, Imphal East District, Manipur - 795001.

             20. Smt. Nahakpam Chakra Devi, aged about 40 years,
                   D/o      N.    Mangi      Singh,        resident    of    Khurai




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                   Chingangbam           Leikai,     P.S.     Porompat,        P.O.
                   Lamlong, Imphal East District, Manipur - 795010.

             21. Smt. Majinlu Daimei, aged about 38 years, D/o
                   Sanathoi       Daimei,      resident      of    Chingmeirong
                   Rongmei Village, P.S. Lamphel, P.O. Lamlong,
                   Imphal East District, Manipur - 795010.

             22. Smt. Serto Abouim Kom, aged about 33 years, D/o
                   Serto Tomba Kom, resident of National Game
                   Village, P.S. Lamphel, P.O. Lamphel, Imphal West
                   District, Manipur - 795004.

             23. Smt. Sorokhaibam Sophia Devi, aged about 38
                   years, D/o Sorokhaibam Borjendra Singh, resident
                   of Uripok Khaidem Leikai, P.S./P.O, Imphal, Imphal
                   West District, Manipur - 795001.

             24. Smt. Senold Moirangthem, aged about 34 years,
                   D/o Moirangthem Mobi Singh, resident of Naharup
                   Pangong Makhong, P.S./P.O. Porompat, Imphal
                   East District, Manipur - 795005.

             25. Smt. Mangsatabam Apasana Chanu, aged about 37
                   years, D/o Mangsatabam Lokendra, resident of
                   Thongju Part II, Nameirakpam Leikai, P.S./P.O.
                   Singjamei, Imphal West District, Manipur - 795008.

             26. Smt. Tekcham Ibemcha Devi, aged about 55 years,
                   D/o T. Gopal Meitei, resident of Sagolmang Bazar,
                   P.S. Lamlai, P.O. Lamlong, Imphal East District,
                   Manipur - 795010.

             27. Smt. Jeena Kangabam, aged about 44 years, D/o
                   Kangabam Babudhon Singh, resident of Sega Road




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                   Thouda Bhavok Leikai, P.S. / P.O. Imphal, Imphal
                   West District, Manipur - 795001.

             28. Smt. Benita Takhellambam, aged about 34 years,
                   D/o     Takhellambam          Shantikumar,        resident      of
                   Kwakeithel Heinoukhongnembi, P.S. SIngjmaei,
                   P.O. Imphal, Imphal West District, Manipur -
                   795001.

             29. Smt. Hidangmayum Kunjalata, aged about 38
                   years, D/o (L) Hidangmayum Benimadhob Sharma,
                   resident of Sagolband Salam Leikai, P.S. Imphal
                   West, P.O. Imphal, Imphal West District, Manipur -
                   795001.

             30. Smt. Ningthoujam Babita Chanu, aged about 49
                   years, D/o N. Dhananjoy, resident of Khurai
                   Thoidingjam Leikai, Lamlong Bazar P.S./P.O.
                   Porompat, Imphal East District, Manipur - 795005.

             31. Smt. T. Inaobi Devi, aged about 39 years, W/o N.
                   Kanto Singh, resident of Kongpal Khaidem Leikai
                   Porompat D.C. Road, P.S/P.O. Porompat, Imphal
                   East District, Manipur - 795005.

             32. Smt. Mumtaz Begum, aged about 49 years, W/o
                   Md. Ajimmuddin Shah, resident of Koirang Mamang
                   Leikai, P.S. Heingang, P.O. Pangei, Imphal East
                   District, Manipur - 795114.

             33. Smt. Reemila Devi Sh., aged about 37 years, W/o
                   Oinam Rajen Singh, resident of Leimapokpam
                   Awang       Leikai,     P.S./P.O.      Nambol,       Bishnupur
                   District, Manipur - 795132.




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             34. Smt. Lhingjaneng Haokip, aged about 36 years,
                   W/o Thenkhohao Haokip, resident of Langjang
                   village, P.S. / P.O. C.Cpur, Churachandpur District,
                   Manipur - 795128.

             35. Smt. Seram Ranita Devi, aged about 48 years, W/o
                   Thokchom Jiten Singh, resident of Singjamei
                   Mathak Thokchom Leikai, P.S./P.O. Imphal, Imphal
                   West District, Manipur - 795001.

             36. Smt. P.S. Chunhiamliu, aged about 39 years, W/o
                   Gonmei        Gaisingam,        resident      of   Neikanlong
                   Thangmeiband, P.S. Lamphel P.O. Imphal, Imphal
                   West District, Manipur - 795001.

             37. Smt. L. Siroita Chanu, aged about 35 years, D/o L.
                   Nonganjao Meitei, resident of Chingarel Tejpur,
                   P.S. /P.O. Porompat, Imphal East District, Manipur
                   - 795005.

             38. Smt. M. Bimola Devi, aged about 47 years, W/o
                   Ashem Ramesh Singh, resident of Nagamapal
                   Singjubung Leirak, P.S./P.O. Imphal, Imphal West
                   District, Manipur - 795001.

             39. Smt. Jennifer Serto, aged about 41 years, W/o
                   Angthoi      Sankil     George,       resident      of   Palace
                   compound, Thangapat, P.S. / P.O. Porompat,
                   Imphal East District, Manipur - 795005.

             40. Smt. Kanchanbala Naorem, aged about 42 years,
                   W/o Laishram Rishikanta Singh, resident of
                   Lalambung Makhong RIMS Road, P.S. / P.O.
                   Lamphel, Imphal West District, Maniput - 795004.




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             41. Smt. Phurailatpam Pritam Devi, aged about 44
                   years, resident of Wahengbam Makha Leikai, P.S. /
                   P.O. Imphal, Imphal West District, Manipur -
                   795001.

             42. Smt. Basanti Yendrambam, aged about 38 years,
                   W/o M. Sanjit Sharma, resident of Singjamei
                   Wangma Bheigyabati Leikai, P.S. / P.O. Porompat,
                   Imphal East District, Manipur - 795005.

             43. Smt. Sharmila Oinam, aged about 37 years, W/o
                   Thangjam Rishi Anand, resident of Keishampat
                   Aheibam Leikai, P.S./P.O. Imphal, Imphal West
                   District, Manipur - 795001.

             44. Smt. Sophia Dayal, aged about 32 years, D/o Dy.
                   Benjamin, resident of Tampi Village, P.S. / P.O.
                   Chakpikarong, Chandel District, Manipur - 795102.

             45. Smt. Ch. Anjali Devi, aged about 32 years, W/o
                   Karam Alex Singh, resident of Sagolband Moirang
                   Hanuba, P.S. / P.O. Imphal, Imphal West District,
                   Manipur - 795001.

             46. Smt. T. Allen Chanu, aged about 45 years, W/o
                   Laisom        Sharmeswar           Singh,       resident        of
                   Keishamthong Laisom Leirak, P.S. / P.O. Imphal,
                   Imphal West District, Manipur - 795001.

             47. Smt. Wonri Zinik Kachui, aged about 48 years, W/o
                   Ako Anthony, resident of Poiroutongba Village, P.S.
                   Andro P.O. Thoubal, Thoubal District, Manipur -
                   795138.




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             48. Smt. H. Koshinah, aged about 41 years, W/o (L)
                   Jonah Siro, resident of Tarong Village, P.S./P.O.
                   Kasom Khullen, Kasom Khullen District, Manipur -
                   795149.

             49. Smt. Athary Somi Won, aged about 42 years, W/o
                   Chithung Jidemas, resident of Shungriphai Village,
                   P.S. Yairipok, P.O. Sarampatong, Kamjong District,
                   Manipur - 795149.

             50. Smt. Sophia Kashung, aged about 44 years, W/o
                   Eureka Rimai, resident of Nagaram Stadium Raod,
                   P.S Lamphel P.O. Lamlong, Imphal West District,
                   Manipur - 795010.

             51. Smt. Mufidun Nesha, aged about 55 years, D/o (L)
                   Md. Kasim Ali., resident of Keikhu Mayai Leikai,
                   Kshetrigaon, P.S./P.O. Porompat, Imphal East
                   District, Manipur - 795005.

             52. Smt. Shamim, aged about 43 years, W/o Md. Rafi,
                   resident of Khergao Awang Leikai, Keshtrigaon,
                   P.S/P.O. Porompat, Imphal East District, Manipur -
                   795005.

             53. Smt. Binarani Kangabam, aged about 43 years, W/o
                   R.L. Tomma Singh, resident of Keishampat
                   Leimajam Leikai, P.S. / P.O. Imphal, Imphal West
                   District, Manipur - 795001.

             54. Smt. Ningthoujam Poppy Chanu, aged about 39
                   years, W/o Subhaschandra Konthoujam, resident of
                   Sega Road Thouba Bhabok Leikai, P.S./P.O.
                   Imphal, Imphal West District, Manipur - 795001.




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             55. Smt. Moirangthem Tabopi Devi, aged about 44
                   years, W/o Yaikhomg Kiran Singh, resident of
                   Sagolband Salam Leikai, P.S./P.O. Imphal, Imphal
                   West District, Manipur - 795001.

             56. Smt. Rosy Chirom, aged about 41 years, D/o
                   Kulapati Takhellambam, resident of Kwakeithel
                   Mayaikoibi, P.S. Lamphel, P.O. Imphal, Imphal
                   West District, Manipur - 795001.

             57. Roshni Chongtham, aged about 23 years, D/o
                   Chongtham         Purnachandra         Singh,     resident      of
                   Kwakeithel Laishram Leikai, P.S. Singjamei, P.O.
                   Imphal, Imphal West District, Manipur - 795001.

             58. Smt. Uma Salam, aged about 36 years, D/o Salam
                   Nabchandra Singh, resident of Ningomthong Bazar,
                   P.S. Singjamei, P.O. Canchipur, Imphal East
                   District, Manipur - 795003.

             59. Smt. Ngangbam Nandita, aged about 41 years, W/o
                   Waikhom Brajakumar, resident of Thangal Bazar
                   Alu Gali, P.S/P.O. Imphal, Imphal West District,
                   Manipur - 795001.

             60. Smt. Achunmei Dangmei, aged about 44 years, W/o
                   Thaimeilan Thaimei, resident of Keishamthong
                   Kabui Colony, P.S. /P.O. Imphal, Imphal West
                   District, Manipur - 795001.

             61. Smt. Athokpam Chitra Devi, aged about 34 years,
                   W/o Sh. Dhaneshwor Singh, resident of Meitram
                   Makha Leikai, P.S/P.O. Nambol, Bishnupur District,
                   Manipur - 795134.




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             62. Smt. Melanie Thangjam, aged about 45 years, W/o
                   Debeshwar           Singh       Akoijam,        resident        of
                   Chingamakha Maisnam Leikai, Maibam Leirak,
                   P.S./P.O. Singjamei, Imphal West District, Manipur
                   - 795008.

             63. Smt. R.K. Reena Devi, aged about 44 years, W/o M.
                   Sanjitkumar Singh, resident of Sangaiprou Maning
                   Leikai, P.S. Lamphel, P.O. Imphal, Imphal West
                   District, Manipur - 795001.

             64. Smt. Betty Laitonjam, aged about 40 years, w/o
                   Laisom Santosh, resident of Keishamthong Laisom
                   Leirak, P.S. /P.O. Imphal, Imphal West District,
                   Manipur - 795001.

             65. Smt. Akoijam Romika Devi, aged about 45 years,
                   D/o A.K. Bijoy, resident of Sayang, P.S. Patsoi, P.O.
                   Lamshang, Imphal West District, Manipur - 795146.

             66. Smt. Ranjeeta Thoudam, aged about 43 years, W/o
                   Laishram Deepak Kumar, resident of Keishamthong
                   Maning Longjam Leikai, P.S/P.O. Imphal, Imphal
                   West District, Manipur - 795001.

             67. Smt. Loitongbam Sharmeelee, aged about 40
                   years, W/o Ng. Surjakanta, resident of Khagempalli
                   Panthak, P.S./P.O. Imphal, Imphal West District,
                   Manipur - 795001.

             68. Smt. Huidrom Metabina Devi, aged about 51 years,
                   W/o Ng. Pamheiba Singh, resident of Yumnam
                   Leikai Chingamathak, P.S./P.O. Imphal, Imphal
                   West District, Manipur - 795001.




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             69. Smt. R.K. Babita Devi, aged about 48 years, D/o (L)
                   R.K. Nawabsana Singh, resident of Keishamthong
                   Ahanthem Leikai, P.S / P.O. Imphal, Imphal West
                   District, Manipur - 795001.

             70. Smt. I. Ashalata Devi, aged about 39 years, W/o
                   Maibam Biren Singh, resident of Keishampat
                   Keisham Leikai, P.S / P.O. Imphal, Imphal West
                   District, Manipur - 795001.

             71. Smt. Th. Sunibala Devi, aged about 42 years, W/o
                   (L)     Soibam       Momocha          Singh,     resident       of
                   Heirangoithong Makha Maibam Leikai, P.S/P.O.
                   Singjamei, Imphal West District, Manipur - 795008.

             72. Smt. L. Indira Devi, aged about 41 years, W/o
                   Huidrom         Sanatomba           Singh,      resident        of
                   Chingamathak          Nameirakpam          Leikai,     P.S/P.O.
                   Singjamei, Imphal West District, Manipur - 795008.

             73. Smt. Devala Akoijam, aged about 33 years, W/o
                   R.K. Robindro, resident of Singjamei Okram Leikai,
                   P.S / P.O. Singjamei, Imphal West District, Manipur
                   - 795008.

             74. Smt. Kh. Bidyarani Devi, aged about 57 years, W/o
                   (L) Y. Hemchandra Singh, resident of Khurai
                   Thoudam Leikai, P.S. Porompat, P.O. Lamlong,
                   Imphal East District, Manipur - 795010.

             75. Smt. Toijam Bina Devi, aged about 46 years, W/o
                   Th. Munindro Singh, resident of Khurai Thangjam
                   Leikai, P.S. Porompat, P.O. Lamlong, Imphal East
                   District, Manipur - 795010.




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             76. Smt. Th. Romita Devi, aged about 44 years, W/o
                   Laishram Deben Singh, resident of Naoremthong
                   Laishram Leikai, P.S. Lamphel, P.O. Imphal, Imphal
                   West District, Manipur - 795001.

             77. Smt. Th. Kamala Devi, aged about 44 years, W/o
                   Sagapam Lolendro Singh, resident of Khurai
                   Konsam Leikai, P.S. Porompat, P.O. Lamlong,
                   Imphal East District, Manipur - 795010.

             78. Smt. L. Sunitibala Devi, aged about 45 years, W/o
                   (L) Thangjam Kirankumar Singh, resident of
                   Sagolband Moirang Leirak, P.S /P.O. Imphal,
                   Imphal West District, Manipur - 795001.

             79. Smt. Pratibha Khoyumthem, aged about 44 years,
                   W/o Pradip Phanjoubam, resident of Wangkhei
                   Konsam Leikai, P.S / P.O. Porompat, Imphal East
                   District, Manipur - 795005.

             80. Smt. Ch. Nirmala Devi, aged about 44 years, W/o
                   Mutum Oken Singh, resident of Kongba Kshetri
                   Leikai, P.S. Irilbung, P.O. Singjamei, Imphal East
                   District, Manipur - 795008.

             81. Smt. M. Elikim, aged about 40 years, W/o R. Jacob,
                   resident of G/31 Langol Housing Complex, P.S. /
                   P.O. Lamphel, Imphal West District, Manipur -
                   795004.

             82. Smt. Nurjahan Begum, aged about 55 years, W/o
                   (L) Koyamuddin, resident of Sawombung Makha
                   Leikai, P.S / P.O. Wangoi, Imphal West District,
                   Manipur - 795009.




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             83. Smt. Neeta Sareo, aged about 47 years, W/o
                   Ngamrei         Raikhan,        resident       of     Lamphel,
                   Sanakeithel, P.S / P.O. Lamphel, Imphal West
                   District, Manipur - 795004.

             84. Smt. RS Onery, aged about 40 years, W/o
                   Shangreikan Mahak, resident of Ngainga Village,
                   P.S. / P.O. Somalal, Ukhrul District, Manipur -
                   795142.

             85. Smt. I. Ranjana Devi, aged about 48 years, W/o M.
                   Lokendro        Singh,     resident      of   Heirangoithong
                   Yangam Leirak, P.S / P.O. Imphal, Imphal West
                   District, Manipur - 795001.

             86. Smt. T. Leina, aged about 49 years, W/o M.
                   Bhagychandra, resident of Palace Compound, P.S
                   / P.O. Imphal East, Imphal East District, Manipur -
                   795005.

             87. Smt. L. Aruna Devi, aged about 49 years, W/o K.
                   Santoskumar, resident of Thongju Part. II, P.S / P.O.
                   Singjamei, Imphal East District, Manipur - 795008.

             88. Smt. Mumtaz Begum, aged about 40 years, W/o
                   Rabul Shah, resident of Irong Chesaba Mayai
                   Leikai, P.S. / P.O. Mayang Imphal, Imphal West
                   District, Manipur - 795132.

             89. Smt. Oinam Ibemhal Chanu, aged 43 years, W/o
                   Thongam Manimohon, resident of New Checkon,
                   P.S. / P./O Porompat, Imphal East District, Manipur
                   - 795005.




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             90. Smt. Laishram Ranjana Devi, aged about 38 years,
                   D/o (L) L. Jugeshwor Singh, resident of Khagempalli
                   Panthak, P.S / P.O. Imphal, Imphal West District,
                   Manipur - 795001.

             91. Smt. Maibam Binolata Devi, aged 39 years, D/o
                   Maibam          Dhananjoy          Singh,       resident        of
                   Heirangoithong Ningthoujam Leikai, P.S. / P.O.
                   Singjamei, Imphal West District, Manipur - 795008.

             92. Smt. Waikhom Monteshwari Chanu, aged about 40
                   years, D/o W. Jugeshwar Singh, resident of
                   Wabagai Lai Pungalba Manak, P.S. / P.O.
                   Kakching, Kakching District, Manipur - 795003.

                                                               ... ... Petitioners.

                                         -   VERSUS -

             1.    The State of Manipur represented by the Principal
                   Secretary / Commissioner / Secretary (Social
                   Welfare), Government of Manipur, Secretariat,
                   Imphal,

             2.    The Director of Social Welfare, Government of
                   Manipur, Imphal, Manipur,

             3.    The Manipur Public Service Commission through its
                   Secretary, North AOC, Imphal, Manipur,

                                                   .......Official Respondents.

4. Ms. Miranda Yendrembam, aged about 32 years, D/o Yendrembam Radhakishore Singh, a resident of Singjamei Mathak Chongtham Leikai, near

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Iboyaima Hospital, P.O. Singjamei & P.S. Imphal West, Imphal West District, Manipur-795001,

5. Mr. Sapam Punshiba Khuman, aged about 31 years, S/o Sapam Pari Khuman, a resident of HeibongpokpiMayai Leikai, P.O. & P.S. Lamsang, Imphal West District, Manipur-795146,

6. Mr. Ningthoujam Browny Meitei, aged about 29 years, S/o N. Biren, a resident of Soibam Leikai, Khanglabung Leirak, Manipur P.O. & P.S. Porompat, Imphal East District, Manipur-795142,

7. Mr. Joseph L. Joute, aged about 39 years, S/o Saidoklum Joute, a resident of Sielmat, P.O. & P.S. Churanchandpur, Churachandpur District, Manipur- 795128,

8. Ms. Phalneihing Kipgen, aged about 32 years, D/o Amlenkai Kipgen, a resident of Haipi Village, B.P.O. Kalapahar, P.S. Kangpokpi, Kangpokpi District, Manipur-795122,

9. Ms. Ningmisai Ningshen, aged about 28 years, D/o Shimreishang Ningshen, a resident of Loushing Village,P.O. Letan, P.S. Phungyar, Ukhrul District, Manipur-795145,

10. Ms. Ruth Nengneilhing, aged about 39 years, D/o Janglet Lunkim, a resident of Gamhoiveng, Ward No. 13 P.O. &P.S. Kangpokpi, Kangpokpi District, Manipur-795129,

11. Ms. Phurailatpam Rajluxmi Sharma, aged about 31 years, D/o Ph. Bijenkumar Sharma, a resident of Brahmapur Thangapat Mapal, Lakpam Leirak, P.O.

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& P.S. Porompat, Imphal East District, Manipur- 795005,

12. Ms. Wangkheimayum Kajal Devi, aged about 30 years, D/o W. Ronendro Singh, a resident of Khundrakpam Makha Leikai, P.O. Pangei P.S. Sagolmang, Imphal East District, Manipur-795114,

13. Mr. Shangreiso Ahum, aged about 29 years, S/o Khalangshing Ahum, a resident of Ringui(Tongou), P.O. Ringui & P.S. Somdal, Ukhrul District, Manipur-795142.

-(Impleaded, -vide order dated 11-07-2022)

.......Private Respondents.

MC(WP(C)) No. 228 of 2021 Ref:- WP(C) No. 1002 of 2018

The Manipur Public Service Commission, through its Secretary, North AOC, Imphal, Manipur.

.........Applicant

-Versus-

1. Smt. Nongmaithem Memcha Devi, aged about 56 years, D/o (L) N. Ibomcha Singh, resident of Brahmapur Bheigyabati Leikai, P.S. Porompat, P.O. Imphal, Imphal East District, Manipur - 795001.

2. Smt. Meinam Sushila Devi, aged about 54 years, W/o N. Naba Singh, resident of Nagampal Kangjabi Leirak, P.S. Lamphel, P.O. Imphal, Imphal West District, Manipur - 795001.

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3. Shri Ayekpam Ranjit Singh, aged about 56 years, S/o (L) A. Jate Singh, resident of Nagamapal Kangjabi Leirak, P.S. Lamphel, P.O. Imphal, Imphal West District, Manipur - 795001.

4. Shri Dinamani Haobam, aged about 39 years, S/o (L) Giri Mohan Haobam, resident of Brahmapur Bheigyabati Leikai, P.S. Porompat, P.O. Imphal, Imphal East District, Manipur - 795001.

5. Shri Hidangmayum Imo Sharma, aged about 41 years, S/o Hidangmayum Manglen Sharma, resident of Konjeng Leikai, Club Keithel, P.S. Singjmaei P.O. Canchipur, Imphal West District, Manipur - 795003.

6. Shri Soubam Dhaneswar, aged about 36 years, S/o S. Dhevendra Singh, resident of Sega Road Khwairakpam Leikai, P.S. / P.O. Imphal, Imphal West District, Manipur - 795001.

7. Shri S. Ashinikumar Singh, aged about 35 years, S/o S. Gunamani Singh, resident of Wangkhei Laishram Leikai, P.S. Porompat, P.O. Imphal, Imphal East District, Manipur - 795001.

8. Shri L. Gojen Singh, aged about 57 years, S/o (L) L. Udhop Singh, resident of Haobam Marak Lourembam Leikai, P.S. Singjamei, P.O. Imphal, Imphal West District, Manipur - 795001.

9. Shri Nipinchandra Singh Mayengbam, aged about 31 years, S/o M. Joychandra Singh, resident of Porompat Thawanthaba Leikai, Ayangpali Road,

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P.S. / P.O. Porompat, Imphal East District, Manipur - 795005.

10. Shri Thangjam Boboy Meetei, aged about 30 years, S/o Th. Biren Meetei, resident of Khurai Puthiba Leikai, Arambam Leirak, P.S Porompat, P.O. Lamlong, Imphal East District, Manipur - 795010.

11. Smt. S. Nirvarani Devi, aged about 54 years, W/o Laishram Shambhu Singh, resident of Kwakeithel Laishram Leikai, P.S. Singjamei, P.O. Imphal, Imphal West District, Manipur - 795001.

12. Smt. Sinam Tampha Devi, aged about 44 years, W/o Kh. Shitaljit Singh, resident of Singjamei Wangma Kshetri Leikai, P.S Irilbung, P.O. Imphal, Imphal East District, Manipur - 795001.

13. Smt. R.K. Premabati Devi, aged about 53 years, W/o W. Basantakumar Singh, resident of Keishamthong Next to Ramlal Paul Hr. Sec. School, P.S/P.O. Imphal, Imphal West District, Manipur - 795001.

14. Smt. Merina Devi, aged about 38 years, W/o H.

Bhushan Singh, resident Keishampat Leimajam Leikai, P.S./P.O. Imphal, Imphal West District, Manipur - 795001.

15. Smt. Th. Saroda Devi, aged about 57 years, W/o N. Ranjit Singh, resident of Khongman Okram Chuthek, P.S. Porompat, P.O. Canchipur, Imphal East District, Manipur - 795003.

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16. Smt. N. Ruparani Devi, aged about 37 years, W/o Kh. Manikanta Singh, resident of Singjamei Makha Nongmeirakpam Leikai, P.S./P.O Singjamei, Imphal West District, Manipur - 795008.

17. Smt. Nongmeikapam Renubala Devi, aged about 32 years, W/o Yumnam Sanjit Singh, resident of Nagamapal Kangjabi Leirak, P.S. Lamphel, P.O. Imphal, Imphal West District, Manipur - 795001.

18. Smt. Mangsatabam Ibethoi Chanu, aged about 44 years, D/o Mangsatabam Lokendra, resident of Thongju Part II, Nameirakpam Leikai, P.S./P.O. Singjamei, Imphal West District, Manipur - 795008.

19. Smt. Laishram Bejalee Devi, aged about 39 years, D/o (L) Laishram Darendrajit Singh, resident of Khurai Kongpal Laishram Leikai, P.S. Porompat, P.O. Imphal, Imphal East District, Manipur - 795001.

20. Smt. Nahakpam Chakra Devi, aged about 40 years, D/o N. Mangi Singh, resident of Khurai Chingangbam Leikai, P.S. Porompat, P.O. Lamlong, Imphal East District, Manipur - 795010.

21. Smt. Majinlu Daimei, aged about 38 years, D/o Sanathoi Daimei, resident of Chingmeirong Rongmei Village, P.S. Lamphel, P.O. Lamlong, Imphal East District, Manipur - 795010.

22. Smt. Serto Abouim Kom, aged about 33 years, D/o Serto Tomba Kom, resident of National Game

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Village, P.S. Lamphel, P.O. Lamphel, Imphal West District, Manipur - 795004.

23. Smt. Sorokhaibam Sophia Devi, aged about 38 years, D/o Sorokhaibam Borjendra Singh, resident of Uripok Khaidem Leikai, P.S./P.O, Imphal, Imphal West District, Manipur - 795001.

24. Smt. Senold Moirangthem, aged about 34 years, D/o Moirangthem Mobi Singh, resident of Naharup Pangong Makhong, P.S./P.O. Porompat, Imphal East District, Manipur - 795005.

25. Smt. Mangsatabam Apasana Chanu, aged about 37 years, D/o Mangsatabam Lokendra, resident of Thongju Part II, Nameirakpam Leikai, P.S./P.O. Singjamei, Imphal West District, Manipur - 795008.

26. Smt. Tekcham Ibemcha Devi, aged about 55 years, D/o T. Gopal Meitei, resident of Sagolmang Bazar, P.S. Lamlai, P.O. Lamlong, Imphal East District, Manipur - 795010.

27. Smt. Jeena Kangabam, aged about 44 years, D/o Kangabam Babudhon Singh, resident of Sega Road Thouda Bhavok Leikai, P.S. / P.O. Imphal, Imphal West District, Manipur - 795001.

28. Smt. Benita Takhellambam, aged about 34 years, D/o Takhellambam Shantikumar, resident of Kwakeithel Heinoukhongnembi, P.S. SIngjmaei, P.O. Imphal, Imphal West District, Manipur - 795001.

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29. Smt. Hidangmayum Kunjalata, aged about 38 years, D/o (L) Hidangmayum Benimadhob Sharma, resident of Sagolband Salam Leikai, P.S. Imphal West, P.O. Imphal, Imphal West District, Manipur - 795001.

30. Smt. Ningthoujam Babita Chanu, aged about 49 years, D/o N. Dhananjoy, resident of Khurai Thoidingjam Leikai, Lamlong Bazar P.S./P.O. Porompat, Imphal East District, Manipur - 795005.

31. Smt. T. Inaobi Devi, aged about 39 years, W/o N.

Kanto Singh, resident of Kongpal Khaidem Leikai Porompat D.C. Road, P.S/P.O. Porompat, Imphal East District, Manipur - 795005.

32. Smt. Mumtaz Begum, aged about 49 years, W/o Md. Ajimmuddin Shah, resident of Koirang Mamang Leikai, P.S. Heingang, P.O. Pangei, Imphal East District, Manipur - 795114.

33. Smt. Reemila Devi Sh., aged about 37 years, W/o Oinam Rajen Singh, resident of Leimapokpam Awang Leikai, P.S./P.O. Nambol, Bishnupur District, Manipur - 795132.

34. Smt. Lhingjaneng Haokip, aged about 36 years, W/o Thenkhohao Haokip, resident of Langjang village, P.S. / P.O. C.Cpur, Churachandpur District, Manipur - 795128.

35. Smt. Seram Ranita Devi, aged about 48 years, W/o Thokchom Jiten Singh, resident of Singjamei

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Mathak Thokchom Leikai, P.S./P.O. Imphal, Imphal West District, Manipur - 795001.

36. Smt. P.S. Chunhiamliu, aged about 39 years, W/o Gonmei Gaisingam, resident of Neikanlong Thangmeiband, P.S. Lamphel P.O. Imphal, Imphal West District, Manipur - 795001.

37. Smt. L. Siroita Chanu, aged about 35 years, D/o L.

Nonganjao Meitei, resident of Chingarel Tejpur, P.S. /P.O. Porompat, Imphal East District, Manipur

- 795005.

38. Smt. M. Bimola Devi, aged about 47 years, W/o Ashem Ramesh Singh, resident of Nagamapal Singjubung Leirak, P.S./P.O. Imphal, Imphal West District, Manipur - 795001.

39. Smt. Jennifer Serto, aged about 41 years, W/o Angthoi Sankil George, resident of Palace compound, Thangapat, P.S. / P.O. Porompat, Imphal East District, Manipur - 795005.

40. Smt. Kanchanbala Naorem, aged about 42 years, W/o Laishram Rishikanta Singh, resident of Lalambung Makhong RIMS Road, P.S. / P.O. Lamphel, Imphal West District, Maniput - 795004.

41. Smt. Phurailatpam Pritam Devi, aged about 44 years, resident of Wahengbam Makha Leikai, P.S. / P.O. Imphal, Imphal West District, Manipur - 795001.

42. Smt. Basanti Yendrambam, aged about 38 years, W/o M. Sanjit Sharma, resident of Singjamei

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Wangma Bheigyabati Leikai, P.S. / P.O. Porompat, Imphal East District, Manipur - 795005.

43. Smt. Sharmila Oinam, aged about 37 years, W/o Thangjam Rishi Anand, resident of Keishampat Aheibam Leikai, P.S./P.O. Imphal, Imphal West District, Manipur - 795001.

44. Smt. Sophia Dayal, aged about 32 years, D/o Dy.

Benjamin, resident of Tampi Village, P.S. / P.O. Chakpikarong, Chandel District, Manipur - 795102.

45. Smt. Ch. Anjali Devi, aged about 32 years, W/o Karam Alex Singh, resident of Sagolband Moirang Hanuba, P.S. / P.O. Imphal, Imphal West District, Manipur - 795001.

46. Smt. T. Allen Chanu, aged about 45 years, W/o Laisom Sharmeswar Singh, resident of Keishamthong Laisom Leirak, P.S. / P.O. Imphal, Imphal West District, Manipur - 795001.

47. Smt. Wonri Zinik Kachui, aged about 48 years, W/o Ako Anthony, resident of Poiroutongba Village, P.S. Andro P.O. Thoubal, Thoubal District, Manipur - 795138.

48. Smt. H. Koshinah, aged about 41 years, W/o (L) Jonah Siro, resident of Tarong Village, P.S./P.O. Kasom Khullen, Kasom Khullen District, Manipur - 795149.

49. Smt. Athary Somi Won, aged about 42 years, W/o Chithung Jidemas, resident of Shungriphai Village,

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P.S. Yairipok, P.O. Sarampatong, Kamjong District, Manipur - 795149.

50. Smt. Sophia Kashung, aged about 44 years, W/o Eureka Rimai, resident of Nagaram Stadium Raod, P.S Lamphel P.O. Lamlong, Imphal West District, Manipur - 795010.

51. Smt. Mufidun Nesha, aged about 55 years, D/o (L) Md. Kasim Ali., resident of Keikhu Mayai Leikai, Kshetrigaon, P.S./P.O. Porompat, Imphal East District, Manipur - 795005.

52. Smt. Shamim, aged about 43 years, W/o Md. Rafi, resident of Khergao Awang Leikai, Keshtrigaon, P.S/P.O. Porompat, Imphal East District, Manipur

- 795005.

53. Smt. Binarani Kangabam, aged about 43 years, W/o R.L. Tomma Singh, resident of Keishampat Leimajam Leikai, P.S. / P.O. Imphal, Imphal West District, Manipur - 795001.

54. Smt. Ningthoujam Poppy Chanu, aged about 39 years, W/o Subhaschandra Konthoujam, resident of Sega Road Thouba Bhabok Leikai, P.S./P.O. Imphal, Imphal West District, Manipur - 795001.

55. Smt. Moirangthem Tabopi Devi, aged about 44 years, W/o Yaikhomg Kiran Singh, resident of Sagolband Salam Leikai, P.S./P.O. Imphal, Imphal West District, Manipur - 795001.

56. Smt. Rosy Chirom, aged about 41 years, D/o Kulapati Takhellambam, resident of Kwakeithel

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Mayaikoibi, P.S. Lamphel, P.O. Imphal, Imphal West District, Manipur - 795001.

57. Roshni Chongtham, aged about 23 years, D/o Chongtham Purnachandra Singh, resident of Kwakeithel Laishram Leikai, P.S. Singjamei, P.O. Imphal, Imphal West District, Manipur - 795001.

58. Smt. Uma Salam, aged about 36 years, D/o Salam Nabchandra Singh, resident of Ningomthong Bazar, P.S. Singjamei, P.O. Canchipur, Imphal East District, Manipur - 795003.

59. Smt. Ngangbam Nandita, aged about 41 years, W/o Waikhom Brajakumar, resident of Thangal Bazar Alu Gali, P.S/P.O. Imphal, Imphal West District, Manipur - 795001.

60. Smt. Achunmei Dangmei, aged about 44 years, W/o Thaimeilan Thaimei, resident of Keishamthong Kabui Colony, P.S. /P.O. Imphal, Imphal West District, Manipur - 795001.

61. Smt. Athokpam Chitra Devi, aged about 34 years, W/o Sh. Dhaneshwor Singh, resident of Meitram Makha Leikai, P.S/P.O. Nambol, Bishnupur District, Manipur - 795134.

62. Smt. Melanie Thangjam, aged about 45 years, W/o Debeshwar Singh Akoijam, resident of Chingamakha Maisnam Leikai, Maibam Leirak, P.S./P.O. Singjamei, Imphal West District, Manipur - 795008.

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63. Smt. R.K. Reena Devi, aged about 44 years, W/o M. Sanjitkumar Singh, resident of Sangaiprou Maning Leikai, P.S. Lamphel, P.O. Imphal, Imphal West District, Manipur - 795001.

64. Smt. Betty Laitonjam, aged about 40 years, w/o Laisom Santosh, resident of Keishamthong Laisom Leirak, P.S. /P.O. Imphal, Imphal West District, Manipur - 795001.

65. Smt. Akoijam Romika Devi, aged about 45 years, D/o A.K. Bijoy, resident of Sayang, P.S. Patsoi, P.O. Lamshang, Imphal West District, Manipur - 795146.

66. Smt. Ranjeeta Thoudam, aged about 43 years, W/o Laishram Deepak Kumar, resident of Keishamthong Maning Longjam Leikai, P.S/P.O. Imphal, Imphal West District, Manipur - 795001.

67. Smt. Loitongbam Sharmeelee, aged about 40 years, W/o Ng. Surjakanta, resident of Khagempalli Panthak, P.S./P.O. Imphal, Imphal West District, Manipur - 795001.

68. Smt. Huidrom Metabina Devi, aged about 51 years, W/o Ng. Pamheiba Singh, resident of Yumnam Leikai Chingamathak, P.S./P.O. Imphal, Imphal West District, Manipur - 795001.

69. Smt. R.K. Babita Devi, aged about 48 years, D/o (L) R.K. Nawabsana Singh, resident of Keishamthong Ahanthem Leikai, P.S / P.O. Imphal, Imphal West District, Manipur - 795001.

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70. Smt. I. Ashalata Devi, aged about 39 years, W/o Maibam Biren Singh, resident of Keishampat Keisham Leikai, P.S / P.O. Imphal, Imphal West District, Manipur - 795001.

71. Smt. Th. Sunibala Devi, aged about 42 years, W/o (L) Soibam Momocha Singh, resident of Heirangoithong Makha Maibam Leikai, P.S/P.O. Singjamei, Imphal West District, Manipur - 795008.

72. Smt. L. Indira Devi, aged about 41 years, W/o Huidrom Sanatomba Singh, resident of Chingamathak Nameirakpam Leikai, P.S/P.O. Singjamei, Imphal West District, Manipur - 795008.

73. Smt. Devala Akoijam, aged about 33 years, W/o R.K. Robindro, resident of Singjamei Okram Leikai, P.S / P.O. Singjamei, Imphal West District, Manipur - 795008.

74. Smt. Kh. Bidyarani Devi, aged about 57 years, W/o (L) Y. Hemchandra Singh, resident of Khurai Thoudam Leikai, P.S. Porompat, P.O. Lamlong, Imphal East District, Manipur - 795010.

75. Smt. Toijam Bina Devi, aged about 46 years, W/o Th. Munindro Singh, resident of Khurai Thangjam Leikai, P.S. Porompat, P.O. Lamlong, Imphal East District, Manipur - 795010.

76. Smt. Th. Romita Devi, aged about 44 years, W/o Laishram Deben Singh, resident of Naoremthong

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Laishram Leikai, P.S. Lamphel, P.O. Imphal, Imphal West District, Manipur - 795001.

77. Smt. Th. Kamala Devi, aged about 44 years, W/o Sagapam Lolendro Singh, resident of Khurai Konsam Leikai, P.S. Porompat, P.O. Lamlong, Imphal East District, Manipur - 795010.

78. Smt. L. Sunitibala Devi, aged about 45 years, W/o (L) Thangjam Kirankumar Singh, resident of Sagolband Moirang Leirak, P.S /P.O. Imphal, Imphal West District, Manipur - 795001.

79. Smt. Pratibha Khoyumthem, aged about 44 years, W/o Pradip Phanjoubam, resident of Wangkhei Konsam Leikai, P.S / P.O. Porompat, Imphal East District, Manipur - 795005.

80. Smt. Ch. Nirmala Devi, aged about 44 years, W/o Mutum Oken Singh, resident of Kongba Kshetri Leikai, P.S. Irilbung, P.O. Singjamei, Imphal East District, Manipur - 795008.

81. Smt. M. Elikim, aged about 40 years, W/o R.

Jacob, resident of G/31 Langol Housing Complex, P.S. / P.O. Lamphel, Imphal West District, Manipur

- 795004.

82. Smt. Nurjahan Begum, aged about 55 years, W/o (L) Koyamuddin, resident of Sawombung Makha Leikai, P.S / P.O. Wangoi, Imphal West District, Manipur - 795009.

83. Smt. Neeta Sareo, aged about 47 years, W/o Ngamrei Raikhan, resident of Lamphel,

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Sanakeithel, P.S / P.O. Lamphel, Imphal West District, Manipur - 795004.

84. Smt. RS Onery, aged about 40 years, W/o Shangreikan Mahak, resident of Ngainga Village, P.S. / P.O. Somalal, Ukhrul District, Manipur - 795142.

85. Smt. I. Ranjana Devi, aged about 48 years, W/o M.

Lokendro Singh, resident of Heirangoithong Yangam Leirak, P.S / P.O. Imphal, Imphal West District, Manipur - 795001.

86. Smt. T. Leina, aged about 49 years, W/o M.

Bhagychandra, resident of Palace Compound, P.S / P.O. Imphal East, Imphal East District, Manipur - 795005.

87. Smt. L. Aruna Devi, aged about 49 years, W/o K.

Santoskumar, resident of Thongju Part. II, P.S / P.O. Singjamei, Imphal East District, Manipur - 795008.

88. Smt. Mumtaz Begum, aged about 40 years, W/o Rabul Shah, resident of Irong Chesaba Mayai Leikai, P.S. / P.O. Mayang Imphal, Imphal West District, Manipur - 795132.

89. Smt. Oinam Ibemhal Chanu, aged 43 years, W/o Thongam Manimohon, resident of New Checkon, P.S. / P./O Porompat, Imphal East District, Manipur - 795005.

90. Smt. Laishram Ranjana Devi, aged about 38 years, D/o (L) L. Jugeshwor Singh, resident of

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Khagempalli Panthak, P.S / P.O. Imphal, Imphal West District, Manipur - 795001.

91. Smt. Maibam Binolata Devi, aged 39 years, D/o Maibam Dhananjoy Singh, resident of Heirangoithong Ningthoujam Leikai, P.S. / P.O. Singjamei, Imphal West District, Manipur - 795008.

92. Smt. Waikhom Monteshwari Chanu, aged about 40 years, D/o W. Jugeshwar Singh, resident of Wabagai Lai Pungalba Manak, P.S. / P.O. Kakching, Kakching District, Manipur - 795003.

.... Respondents

93. The State of Manipur represented by the Principal Secretary/Commissioner/Secretary (Social Welfare), Government of Manipur, Secretariat, Imphal.

94. The Director of Social Welfare, Government of Manipur, Imphal, Manipur.

.... Performa Respondents

BEFORE HON'BLE MR. JUSTICE M.V. MURALIDARAN

For the Petitioners :: Mr. A. Golly, Advocate

For the Respondents :: Mr. H. Debendra, GA Dr. RK Deepka, Advocate for the MPSC Mrs. G. Pushpa, Advocate for respondents No. 4 to 13.

Date of Hearing and reserving Judgment & Order :: 17.08.2022

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Date of Judgment & Order :: 19.09.2022

JUDGMENT AND ORDER (CAV)

This writ petition has been filed seeking issuance of a

writ of certiorari to quash the Notification bearing No.7/4/2015-

MPSC(DR), dated 5.7.2017, the amendment bearing No.7/4/2015-

MPSC(DR), dated 31.8.2017, issued by the Secretary, MPSC in

respect of only eleven posts of Child Development Project Officer

in Social Welfare Department and to quash the subsequent

advertisement bearing No.5/2018, dated 11.10.2018 issued by the

Secretary, MPSC for appointment to eight posts of Child

Development Project Officer in the Social Welfare Department,

Government of Manipur and to further direct the respondents to fill

up on regular basis the clear vacant posts of Child Development

Project Officer in Social Welfare Department, Government of

Manipur, falling against the promotion quota as per the relevant

recruitment rules of Child Development Project Officer in Social

Welfare Department, Government of Manipur, within a reasonable

time frame, prior to filling up of the posts falling against the direct

recruitment quota.

2. The facts in a nutshell are as under: According to the

petitioners, they are either working as Statistical Assistants or

Supervisors (ICDS) in the Social Welfare Department on regular

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basis for the last 27 to 32 years without getting any promotion since

their initial appointments. The next avenue of promotion for the

posts of Statistical Assistant and/or Supervisor (ICDS) is Child

Development Project Officer (ICDS). According to the petitioners,

there are altogether 43 sanctioned posts of Child Development

Project Officer in the Social Welfare Department, out of which 19

posts are held on regular basis and 24 posts are held on in-charge

basis and, therefore, the 24 posts are substantively vacant.

3. It is stated that for recruitment to the post of Child

Development Project Officer, the State Government framed the

Recruitment Rules called the Department of Social Welfare,

Manipur (Child Development Project Officer) Recruitment Rules,

2017. As per the said Rules of 2017, 75% of the vacancies are to

be filled by promotion and 25% by direct recruitment. Within the

promotion quota, 80% of the vacancies are to be filled by

Supervisors (ICDS)/Assistant Child Development Project Officer

(ICDS) with five years regular service in the grade and 20% of the

vacancies are to be filled up from Statistical Assistant with five years

regular service in the grade.

4. It is further stated that there are in all 452 posts in the

feeder cadres referred to above for promotion to the 43 posts of

Child Development Project Officer and due to lack of adequate

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number of posts in the cadre of Child Development Project Officer,

there is no career advancement for years and for many employees

the posts they hold in the feeder cadre turn out to be dead-end jobs.

5. It is the case of the petitioners that, at present, there

are 24 vacancies in the post of Child Development Project Officer,

of which 18 vacancies are to be filled by promotion and the

remaining 6 vacancies should be filled by direct recruitment as per

the Rules of 2017. However, the Secretary, MPSC, issued the

advertisement bearing No.5/2018, dated 11.10.2018 notifying eight

posts of Child Development Project Officer to be filled by direct

recruitment. The aforesaid advertisement is stated to be in

continuation of the earlier notification dated 5.7.2017, notifying

recruitment to various posts, including 11 posts of Child

Development Project Officer, which notification was amended by

the subsequent notification dated 31.8.2017.

6. The notifications dated 5.7.2017 and 31.8.2017 were

the subject matter of challenge in W.P. (C) Nos.535 and 830 of

2017. The said writ petitions were subsequently withdrawn based

on the assurance given by the authorities of the State Government

that the grievance of the Statistical Assistants and Supervisors with

regard to their promotion and calculation of quota would be

safeguarded.

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7. According to the petitioners, the calculation of

percentage of the quota for promotes and direct recruits is to be

done based on the available vacant posts as provided under the

Rules of 2017 and the notification of eight vacant posts of Child

Development Project Officer (ICDS) for filling up by direct

recruitment under the impugned notification is in excess of the

quota prescribed for direct recruitment and, therefore, the impugned

notification is liable to be quashed.

8. It is the further plea of the petitioners that many of the

personnel rendering regular service as Statistical Assistants and

Supervisors are due to retire shortly and they are entitled to be

considered for promotion against the available vacant posts of Child

Development Project Officer (ICDS) in the promotion quota as

statutorily provided under the Rules of 2017, prior to the

appointment of candidates by direct recruitment. It is added that the

non-consideration of the case of the petitioners for promotion

against the promotion quota and the eagerness to appoint Child

Development Project Officer by direct recruitment is highly arbitrary,

capricious, discriminatory and unconstitutional inasmuch as the

respondents have not treated the candidates who are due to be

promoted equally with the direct recruit candidates.

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9. The writ petition has been strongly opposed by the first

respondent/State Government. It is submitted that during the

pendency of the writ petition qua direct recruitment of 8 vacant posts

of Child Development Project Officer, 21 posts of Child

Development Project Officer meant for promotion quota were filled

by giving promotion amongst the eligible Supervisor/Statistical

Assistant/Asst. Child Development Project Officer vide Government

Order dated 25.11.2020. Therefore, it does not lie in the mouth of

the petitioners to plead that promotion quota vacancies are not

filled. It is further stated that, at present, there are 26 regular Child

Development Project Officers and they are all promotes. By virtue

of filling up of 21 posts of Child Development Project Officer by

promotion during the pendency of the writ petition, the same has

rendered infructuous and is liable to be dismissed.

10. It is further stated by the first respondent that the

Department has been providing benefits of financial upgradation to

employees who did not get promotion to higher posts. Three such

financial upgradations are allowed on completion of 10/20/30 years

of regular service counted from the date of entry.

11. It is the specific case of the first respondent that as per

the existing norms, allocation of seats for direct recruitment and

promotion is not based on the vacancy available, but it is based on

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total sanctioned posts. To buttress the aforesaid plea, a reference

has been given to the Office Memorandum No.1/17/20-

MPSC(RR)/DP, dated 9.10.2020. Out of 43 posts of Child

Development Project Officer, 32 posts are to be reserved for

promotion and 11 posts are to be reserved for direct recruitment.

The department has adhered to the Rules of 2017 and there is no

question of violation thereof. The cadre strength is to be calculated

by the number of posts comprising the cadre. Right to be

considered for appointment can only be claimed in respect of a post

in the cadre.

12. It is the case of the third respondent that it is the

prerogative of the State Government to increase or shrink the

sanctioned strength of posts and the Office Memorandum dated

9.10.2020 provides the ratio on the basis of total sanctioned posts

and thus the number of posts for direct recruitment comes to 11.

13. Heard learned counsel on either side and perused the

documents available on record.

14. At the outset, it is to be noted that pending the writ

petition, this court, by order dated 30.10.2018, allowed the

respondents to go ahead with the process of direct recruitment, with

the condition that the result shall not be declared without the leave

of the court. The order aforesaid is reproduced hereunder:

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"Heard Shri A. Bimol, learned Senior Counsel appearing for the petitioners.

By the instant writ petition, the petitioners have prayed for issuing a writ of certiorari to quash and set aside the notification dated 5/7/2017, the amendment dated 31/8/2017 and the advertisement dated 11/10/2018 mainly on 2 (two) grounds -- one, the determination of the number of posts is erroneous in view of the Recruitment Rules and two, without process for giving promotion to the petitioners being initiated, the respondents have proceeded with the direct recruitment of filling up of 8 (eight) vacancies.

In view of the above, let the petition be admitted and notice be issued to the respondents returnable on 23/11/2018 (Friday).

                   Shri     H.     Debendra,        learned       Government
                   Advocate        accepts       notice      on     behalf      of

Respondent Nos. 1 & 2 and Dr. R.K. Deepak, learned counsel accepts notice on behalf of Respondent No. 3 and hence, no formal notice is called for.

When the matter was listed yesterday, i.e. 29/10/2018 Shri H. Debendra, learned Government Advocate was given time to seek instructions in the matter and today, Shri H. Debendra, learned Government Advocate has submitted on instructions that the Department

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has agreed to the claim of the petitioners to complete the process for promotion before the completion of the direct recruitment process. Respondent Nos. 1 & 2 are directed to file an affidavit incorporating therein the instructions given to the learned Government Advocate.

In view of the above said submission, the respondents are permitted to go ahead with the process for direct recruitment but the result thereof shall not be declared without the leave of this Court. However, it is open to the State Government to approach this Court for modification of this interim order. A copy of the order may be furnished to Shri H. Debendra, learned Government Advocate for doing the needful."

[emphasis supplied]

15. However, it is seen that one Arbin Salam, who

appeared in the written examination conducted for direct

appointment to the vacant posts of Child Development Project

Officers, filed W.P.(C) No.517 of 2021 seeking, inter alia, to declare

the result of written examination conducted for appointment to the

post of Child Development Project Officer. In the said writ petition,

this court, by order dated 27.8.2021, directed the Public Service

Commission to declare the result of the written examination held in

pursuance of the impugned advertisement dated 11.10.2018 and

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conduct viva-voice. The said exercise was directed to be

undertaken within a period of three months from the date of receipt

of a copy of the said order.

16. As the Public Service Commission is bound to comply

with the direction of this Court dated 27.8.2021 passed in W.P. (C)

No.517 of 2021, they filed M.C.No.228 of 2021 to declare

vacate/modify the interim order dated 30.10.2018 passed in W.P.

(C) No.1002 of 2018.

17. At this juncture, it is apposite to refer to the Office

Memorandum dated 9.10.2020, by which an amendment of MPSC

Form 8 was effected as under:

"Method of recruitment whether by direct recruitment or by promotion or by deputation/transfer & percentage of the total sanctioned post to be filled by various methods."

18. It is the case of the petitioners that the number of posts

to be filled up by promotion and direct recruitment should be

calculated based on the number of vacancies. Such submission of

learned counsel for the petitioners runs counter to the settled

principles of law. The Hon'ble Apex Court considered the difference

between "post" and "vacancy" and the right to be considered for

appointment/quota for each source of recruitment specified in the

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Rules in the case of Srikant Roy and others v. State of

Jharkhand and others, (2017) 1 SCC 457. In paragraph 24 of the

said judgment, it has been held as under:

"24. The High Court has overlooked the distinction between "post" and "vacancy". If the requisite posts were already exhausted by the direct recruits against the earmarked quota for direct recruitment, merely because some vacancies occur, it would not be open to the aspiring candidates against the direct recruit quota to challenge the selection process commenced for the in service judicial officers by promotion through Limited Competitive Examination. The cadre strength is always measured by the number of posts comprising the cadre. The right to be considered for appointment can only be claimed in respect of a post in the given cadre. The percentage of quota has to be worked out in relation to number of posts which form the cadre and has no relevance to the vacancy that would occur. This aspect has been glossed over by the High Court in the impugned judgment. Suffice it to observe that as no post for direct recruits existed as on 30th April, 2008, the challenge to the selection process to fill up the vacancy by promotion through Limited Competitive Examination, at the instance of aspiring candidates by direct recruitment cannot be countenanced. The Writ Petition filed by such aspiring candidates (WP(S) No. 4159/2008),

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therefore, ought to have been dismissed by the High Court."

[emphasis supplied]

19. The Hon'ble Apex Court had emphatically held that the

percentage of quota has to be worked out in relation to number of

posts which form the cadre and has no relevance to the vacancy

that would occur. Therefore, the entire argument of learned counsel

for the petitioners for fixation of the number of posts based on the

vacancies has no legs to stand and is a misconception.

20. Moreover, the State Government by dint of the Office

Memorandum dated 9.10.2020 is empowered to increase or shrink

the sanctioned strength of posts and provides the ratio on the basis

of total sanctioned posts and not on the number of vacancies.

21. It is beyond any demur that during the pendency of the

writ petition, 21 posts of Child Development Project Officer were

filled by giving promotion to the eligible Supervisor/Statistical

Assistant/Asst. Child Development Project Officer vide Government

Order dated 25.11.2020. Thereafter, by order dated 9.3.2022, the

Government of Manipur, appointed many of the petitioners herein

to the post of Child Development Project Officer by way of

promotion. Therefore, it cannot be pleaded by the petitioners that

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they are working in dead-end jobs and were deprived of their

promotion.

22. For the foregoing reasons, we do not find any merit in

this writ petition and the same is accordingly liable to be dismissed.

23. Consequently,

a) the writ petition is dismissed;

b) M.C. (WP(C)) No.228 of 2021 to vacate the

interim order dated 30.10.2018 passed in

W.P. (C) No.1002 of 2018 is allowed.

c) The Respondent authorities may proceed

further and complete the direct recruitment

process in accordance with law.

d) There will be no order as to costs.

JUDGE

FR/NFR

Sushil

WP(C) No. 1002 of 2018 with MC(WP(C)) No. 228 of 2021 (Ref:- WP(C) No. 1002 of 2018)

 
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