Manipur High Court
Page |2 vs The State Of Manipur Represented ... on 4 May, 2023
SHAMURAILATPAM SUSHIL Digitally signed by SHAMURAILATPAM
SUSHIL SHARMA
SHARMA Date: 2023.05.04 13:53:21 +05'30'
Page |1
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 256 of 2022
1. The Covid Warrior Medical officer's Association,
Manipur through its Secretary, Dr. Govind Thokchom,
aged about 29 years, S/o Shantikumar Thokchom of
Singjamei Mathak Thokchom Leikai, P.O. Imphal, P.S.
Singjamei, Imphal West District, Manipur -- 795001.
2. Dr. Liko Thokchom, aged about 29 years, S/o Thokchom
Kesho Singh of Kwakeithel Heinoukhongnembi
Thokchom Leikai, P.O. & P.S. Imphal, Imphal West
District, Manipur -- 795001.
3. Dr. Khulem Ronesh Meetei, aged about 30 years, S/o
Khulem Tejmani Meetei of Sagolband Loukham Leirak,
P.O. Imphal, P.S. Lamphel, Imphal West District, Manipur
- 795001.
4. Dr. Govind Thokchom, aged about 29 years, S/o
Shantikumar Thokchom of Singjamei Mathak Thokchom
Leikai, P.O. Imphal, P.S. Singjamei, Imphal West District,
Manipur -- 795001.
5. Dr. Rahul Kshetrimayum, aged about 29 years, S/o Ksh.
Joykumar Singh of Kongpal Kshetri Leikai, P.O. & P.S.
Porompat, Imphal East District, Manipur -- 795005.
6. Dr. Mayanglambam Shivdatta Singh, aged about 28
years, S/o Mayanglambam Damodar singh of Kwakeithel
Mayai Koibi Chabungbam Leikai, P.O. Imphal, P-.S.
lamphel, Imphal West District, Manipur -- 795001.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
Page |2
7. Dr. Rojit Laishram, aged about 30 years, S/o Laishram
Kunjo of Kakwa Lamdaibung, P.O. & P.S. Singjamei,
Imphal West District, Manipur -- 795008.
... Petitioners.
-Versus-
1. The State of Manipur represented by the Addl. Chief
Secretary (Health), Government of Manipur, Old
Secretariat Block, P.O. & P.S. Imphal, Imphal West
District, Manipur -- 795001.
2. The Director, Health Services, Government of Manipur,
Lamphelpat, P.O. & P.S. Lamphel, Imphal West District,
Manipur -- 795004.
3. The Manipur Public Service Commission, through its
Secretary, North AOC, DM Road, Imphal, P.O. & P.S.
Imphal, Imphal West District, Manipur -- 795001.
4. The Controller of Examination, Manipur Public Service
Commission, North AOC, DM Road, Imphal, P.O. & P.S.
Imphal, Imphal West District, Manipur -- 795001.
... Respondents.
WP(C) No. 257 of 2023
1. Dr. Yumkham Ratnadwip Singh, aged about 31 years, S/o
Yumkham Tikendra, resident of Lairikyengbam Leikai, Mayai
Leirak, P.O. Lamlong, P.S. Heingang and District Imphal
East, Manipur-795010.
2. Dr. Khumujam Amitkumar Singh, aged about 34 years, S/O
Khumujam Maniton Devi, a resident of Thoubal Thokchom
Village, P.O. Thoubal, P.S. Yairipok, Thoubal District,
Manipur-795138.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
Page |3
3. Dr. Bikash Yumlembam, aged about 27 years, S/o Y. Tomba
Singh, a resident of Porompat Kshetri Leikai, P.O. & P.S.
Porompat, Imphal East District, Manipur-795005.
4. Dr. Thingujam Robart Meitei, aged about 29 years, S/o
Thingujam Taruni Devi, a resident of Thoubal Wangkhem,
P.O. & P.s. Thoubal, Thoubal District, Manipur-795138.
5. Dr. Md. Iqbal Hussain, aged about 27 years, S/o Md. Abdul
Majid, a resident of Haoreibi Makha Leikai, P.O. & P.S.
Lilong, Thoubal District, Manipur-795130.
6. Dr. Pheiroijam Tingku Singh, aged about 31 years, S/o
Pheiroijam Sharat Singh, a resident of Kongpal Kongkham
Leikai, P.O. & P.S. Porompat, Imphal East District, Manipur-
795005.
7. Dr. Sonia Mairembam, aged about 29 years, D/o Mairembam
Noren Singh, a resident of Thangmeiband Hijam Dewan
Leikai, Opp. A.G. Colony, P.O. & P.S. Lamphel, Imphal West
District, Manipur-795004.
8. Dr. Thingujam Chingkheinganba Singh, aged about 27 years,
S/o Thingujam Kumar Singh, a resident of Singjamei Chirom
Leikai, P.O. & P.S. Singjamei, Imphal East District, Manipur-
795009.
9. Dr. L. Bhaskar Singh, aged about 27 years, S/o L. M. Singh,
a resident of Takhellambam Leikai, Sagolband, P.O. & P.S.
Imphal, Imphal West District, Manipur-795001.
10. Dr. Kshetrimayum Romance Singh, aged about 29 years, S/o
Kshetrimayum Sarat Singh, a resident of Wangjing Lamding
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
Page |4
Bazar, P.O. Wangjing, P.S. Thoubal, Thoubal District,
Manipur-795138.
...Petitioners
-Versus-
1. The State of Manipur, through the Additional Chief Secretary
(Health), Govt. of Manipur, Manipur Secretariat Building,
South Block, Babupara, P.O. & P.S. Imphal, Imphal West
District, Manipur-795001.
2. The Director of Health Services, Government of Manipur,
Lamphelpat, P.O. & P.S. Lamphel, Imphal West District,
Manipur-795004.
3. The Secretary, Manipur Public Service Commission, North
A.O.C., P.O. & P.S. Imphal, Imphal West District, Manipur-
795001.
... Respondents
WP(C) No. 295 of 2022
1. Dr. Laishram Milan Singh, aged about 31 years old, S/O
Laishram Kantikumar Singh a resident of Nagamapal
Chungkham Leirak, P.O. and P.S. Lamphel, Imphal West
District, Manipur.
2. Dr. Md. Kamil Ahamed, aged about 35 years old, S/O Md.
Jiyauddin a resident of Yairipok Kekru Gwarok Road,
P.O. and P.S. Tairipok, Imphal East District, Manipur.
... Petitioners
-Versus-
1. The State of Manipur represented by the Addl. Chief
Secretary (Health), Government of Manipur, Old
Secretariat Block, P.O. & P.S. Imphal, Imphal West
District, Manipur - 795001.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
Page |5
2. The Director, Health Services, Government of Manipur,
Lamphelpat, P.O. & P.S. Lamphel, Imphal West District,
Manipur - 795004.
3. The Manipur Public Service Commission, through its
Secretary, North AOC, DM Road, Imphal, P.O. & P.S.
Imphal, Imphal West District, Manipur - 795001.
4. The Controller of Examination, Manipur Public Service
Commission, North AOC, DM Road, Imphal, P.O. & P.S.
Imphal, Imphal West District, Manipur - 795001.
... Respondents.
WP(C) No. 363 of 2022
1. Mr. Khumukcham Priyokumar Singh, aged about 28
years, S/O Khumukcham Pahari Singh, resident of
Kakching Khunou Sana Khongnang Leikai, PO Kakching,
PS Waikhong, Distrcit Kakching, Manipur - 795103.
2. Mr. Thongram Romikanta Singh, aged about 28 years,
S/O Thongram Sharat Singh, resident of Thoubal
Athokpam Awang Leikai, PO & PS Thoubal, District
Thoubal, Manipur - 795138.
3. Mr. Soram Ngangbaren aged about, aged about 25 years,
S/O S. Manikanta Singh, resident of Thangmeiband DM
College Gate, PO & PS Lamphel, District, Imphal West,
Manipur - 795004.
4. Mr. Naorem Shankar Singh, aged about 27 years, S/O
Naorem Jugeshwar Singh, resident of Kakching Ninghtou
Leikai, Kalimohon Pareng, PO & PS Kakching, District
Kakching, Manipur - 795103.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
Page |6
5. Mr. Rajkumar Victor Singh, aged about 29 years, S/O
Rajkumar Rashakhishore Singh, resident of Yaiskul
Sanakhwa Yaima Kollup, PO & PS Imphal, District Imphal
West, Manipur - 795001.
6. Mr. Ksh. Kennedy Singh, aged about 26 years, S/O Ksh.
Naba Singh, resident of Kakching Mayai Leikai near
Multipurpose Community Hall, PO & PS Kakching, District
Kakching, Manipur - 795103.
7. Ms. Th. Ashapriya Devi, aged about 27 D/O Thengujam
Rabei Singh, resident of Khurkhul Makha Leikai near
Spinning Mill, PO & PS Mantripukhri, District Imphal East,
Manipur - 795002.
8. Ms. Ruksana Shahani, aged about 26 years, D/O Md.
Akbar Shah, resident of Hiyangthang Tarahei Konjil, PO
& PS Wangoi, District Imphal West, Manipur - 795009.
.....Petitioners
-Versus-
1. The State of Manipur represented by the Additional Chief
Secretary/Secretary (Health), Government of Manipur,
Secretariat, South Block, Babupara, P.O. & P.S. Imphal,
District Imphal West, Manipur - 795001.
2. The Director of Health Services, Manipur, Directorate of
Health Services, Government of Manipur, Lamphelpat,
PO & PS Lamphel, District Imphal West, Manipur -
795004.
3. The Manipur Public Service Commission represented by
its Secretary, Office at North AOC, near 2nd MR Gate, PO
& PS Imphal, District, Imphal West, Manipur - 795001.
.... Respondents
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
Page |7
WP(C) No. 412 of 2022
1. Dr. Muhammad Shoaib Khan, aged about 25 years, S/O
Muhammad Abas Khan, resident of Sangaiyumpham
Puleipokpi, PS Thoubal, PO Sangaiyumpham, District
Thoubal, Manipur - 795148.
2. Dr. Lalan Singam, aged about 27 years, D/O Singam
Raghubir Singh, resident of Porompat Thawanthaba
Leikai, PO & PS Porompat, District Imphal East, Manipur
- 795005.
3. Dr. Dianacy Ningthoujam, aged about 25 years, D/O
Ningthoujam Basanta Singh, resident of Thanga Salam
Leikai, PO & PS Moirang, District Bishnupur, Manipur -
795133.
4. Dr. Kshetrimayum Luxmipyari Devi, aged about 25 years,
D/O Kshetrimayum Nimai Singh, resident of Kwakeithel
Laishram Leikai, PO Imphal, PS Singjamei, District Imphal
West, Manipur - 795001.
5. Dr. Sushma Khangjarakpam, aged about 28 years, D/O
Kh. Priyokumar Singh, resident of Lalambung Makhong
Takhellambam Leikai, RIMS Road,
PO Lamphel, PS Imphal, District Imphal West, Manipur -
795004.
6. Dr. Lamneihoih Simte, aged about 26 years, D/O T.
Thangin Simte, resident of Zioveng, Rengkai, PO, PS &
District Churachandpur, Manipur - 795128.
..... Petitioners
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
Page |8
-Versus-
1. The State of Manipur represented by the Additional Chief
Secretary/Secretary (Health), Government of Manipur,
Secretariat, South Block, Babupara,
PO & PS Imphal, District Imphal West, Manipur - 795001.
2. The Director of Health Services, Manipur, Directorate of
Health Services, Government of Manipur, Lamphelpat,
PO & PS Lamphel, District Imphal West, Manipur -
795004.
3. The Manipur Public Service Commission represented by
its Secretary, Office at North AOC, near 2nd MR Gate, PO
& PS Imphal, District Imphal West, Manipur - 795001.
.... Respondents
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE M.V. MURALIDARAN
For the Petitioners :: Mr. N. Ibotombi, Sr. Adv. in
WP(C) No. 256 of 2022;
Mr. HS Paonam, Sr. Adv. in
WP(C) No. 295 of 2022;
Mr. N. Kumarjit, Sr. Adv. &
Mr. N. Zequeson, Adv. in
WP(C) No. 363 of 2022 &
WP(C) No. 412 of 2022;
Mr. BP Sahu, Sr. Adv. in
WP(C) No. 257 of 2023;
Mr. RS Reisang, Sr. Adv. for the MPSC
For the Respondents :: Mr. Lenin Hijam, AG
Date of Hearing and
reserving Judgment & Order :: 26.04.2023
Date of Judgment & Order :: 04.05.2023
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
Page |9
JUDGMENT AND ORDER
(CAV)
Heard Mr. N. Ibotombi, learned senior counsel for the
petitioners in WP(C) No. 256 of 2022; Mr. HS Paonam, learned
senior counsel for the petitioners in WP(C) No. 295 of 2022; Mr.
N. Zequeson, learned counsel for the petitioner in WP(C) No. 363
of 2022 and WP(C) No. 412 of 2022; Ms.Th Usharani, learned
counsel for the petitioners in W.P.(C) No.257 of 2023; Mr. Lenin
Hijam, learned Advocate General for the State respondents and
Mr. RS Reisang, learned senior counsel for the Manipur Public
Service Commission.
2. W.P.(C) Nos.256 and 295 of 2022 have been filed by
Covid Warrior Medical Officer's Association and 8 other Doctors
(Six in WP (C) No.256 of 2023 and Two in WP (C) No.265 of 2023)
to
(i) quash the letter dated 16.2.2022 issued
by the Health Department, Government of
Manipur extending the cut-off date for deciding
completion of 100 days Covid experience from
31.10.2021 to 25.1.2022 and also extension of
the date of submission of Covid duty experience
certificate upto 11.4.2022;
(ii) quash the notification dated 5.4.2022
issued by the Controller of Examination, Manipur
Public Service Commission (MPSC) thereby
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 10
extending the cut-off date for deciding
completion of 100 days Covid experience from
31.10.2021 to 25.1.2022 and also extension of
the date of submission of the Covid duty
experience certificate upto 11.4.2022 and to
(iii) direct the respondents for verification of
all the Covid duty experience certificates issued
by the Director of Health Services to the Doctors
who are going to appear in the examination of
Manipur Health Services Grade-IV (Medical
Officer) by an independent agency whether the
Covid duty experience certificates were issued in
accordance with the letter dated 3.5.2021 of the
Ministry of Health and Family Welfare,
Government of India and the letters dated
27.10.2021 and 14.12.2021 of the Health
Department, Government of Manipur and
(iv) direct the respondents to cancel all the
Covid duty experience certificates issued to the
Doctors who were not engaged by the State
Government and not utilized their services in the
Health Centre/Facilities under the Government of
Manipur.
3. W.P.(C) Nos.363 and 412 of 2022 have been filed by
the petitioners, who were served as Junior Resident (non-
academic) in RIMS, Imphal to
(i) quash the notification dated 5.1.2022 issued
by the MPSC for awarding 10 additional marks in
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 11
the written examination to all candidates who
have completed 100 days Covid related duties in
Health Centres/Facilities under the Government
of Manipur as on 31.10.2021 in so far as it relates
to awarding of incentive only to candidates who
worked under the Government of Manipur;
(ii) quash para (c) portion of the impugned letter
dated 5.5.2022 of the Director of Health Service;
(iii) quash para (i) portion of the letter dated
14.12.2021 of the Health Department; and to
(iv) direct the respondent authorities to consider
the petitioners also for awarding the additional 10
marks in the written examination in recognition of
their Covid related duties rendered at RIMS
Hospital.
4. W.P.(C) No.257 of 2023 has been filed by the
Doctors who appeared in the written examination for issuance of
a writ of mandamus directing the respondents to declare the result
of the written examination held on 10.5.2022 for the post of
Medical Officer (MHS Grade-IV) pursuant to the advertisement
issued by the MPSC dated 1.10.2021.
5. Since issue involved in these writ petitions are one
and same, all the writ petitions were heard together and disposed
of by this common order.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 12
W.P.(C) Nos.295 and 256 of 2022:
6. Mr. HS Paonam, learned senior counsel appearing
for the petitioners in W.P.(C) No.295 of 2022, submitted that on
5.8.2020, a notice was issued by the Director, Health Services,
Government of Manipur, for walk-in-interview for contractual
engagement of 100 Medical Officers under the Directorate of
Health Services for a period of three months for utilizing in Covid
related duties. The petitioners, who possessed educational as well
as essential qualifications for appointment to the post of Medical
Officers and who were also awaiting for an opportunity to serve
their trained hand in health care sector, have applied for
appointment to the post of Medical Officers on contractual
engagement for utilizing in Covid related duties. On 4.5.2021,
another notice was issued by the Director of Health Services for
contractual engagement of 155 Medical Officers for a period of six
months for utilizing in Covid related duties. Satisfied with the
qualifications, the Directorate of Health Services appointed the
petitioners as Medical Officers on contract basis.
7. Mr. Paonam, learned senior counsel further
submitted that the Ministry of Health and Family Welfare,
Government of India, in its letter dated 3.5.2021, directed all the
State Government and Union Territories to utilize the service of
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 13
the MBBS Doctors in the management of Covid-19 and, in the said
letter, a recommendation was made to give preference while
giving regular appointment under the special scheme to those
Doctors who have completed a minimum of 100 days Covid-19
related duties.
8. Mr. Paonam, learned senior counsel would submit
that on 1.10.2021, the MPSC issued an advertisement inviting
applications from intending candidates for direct recruitment of
300 Medical Officers in Manipur Health Service Grade-IV under
Health Department, Government of Manipur. The petitioners, who
are eligible to be appointed have applied to the said post.
Pursuant to the notification dated 1.10.2021, the MPSC issued a
notification on 5.1.2022 informing all the candidates who are going
to appear in the examination for appointment in Manipur Health
Services Grade-IV and who have Covid duty experience
certificates for completing 100 days Covid related duties in Health
Centre/Facilities would be given 10 additional marks in the written
examination on production of Covid duty experience certificate
issued by the Director of Health Service and directed to submit the
said certificate on or before 25.1.2022.
9. Mr. Paonam, learned senior counsel, submitted that
pursuant to the notification dated 5.1.2022, the petitioners have
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 14
submitted their Covid duty experience certificate to the office of
the MPSC and the MPSC has also issued notification dated
24.3.2022 fixing the date of written examination on 8.5.2022. In
the meanwhile, vide impugned letter dated 16.2.2022, the Health
Department ordered extension of cut-off date for deciding
completion of 100 days Covid experience upto 25.1.2022 from
31.10.2021 and also for extension of the date of submission of
certificates upto 11.4.2022. By another notification dated
8.4.2022, the MPSC re-scheduled the written examination on
10.5.2022.
10. Adding further, Mr. Paonam, learned senior counsel,
submitted that more than 300 Covid duty experience certificates
have been issued by the office of the Director of Health Services
though their services were not utilized as Doctor in the Health
Centres/Facilities under the Government of Manipur. Many
Doctors who have not completed 100 days Covid related duties
were also provided Covid duty experience certificates without
proper verification and also many Covid duty experience
certificates were issued by the Director even after the cut-off date
for deciding completion of 100 days experience.
11. Arguing further, Mr. Paonam, learned senior counsel,
submitted that the impugned letter dated 16.2.2022 and the
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 15
notification dated 5.4.2022 were issued by the Health Department
only to accommodate the Doctors who are their near and dear one
and that there is no legal basis for extension of the last date for
submission of Covid duty experience certificate and also the
extension of cut-off date for deciding completion of 100 days.
12. Mr. N. Ibotombi, learned senior counsel appearing for
the petitioners in W.P.(C) No.256 of 2022, submitted that the first
petitioner is an Association formed by the Medical Officers
appointed by the Director of Health Services on contract basis for
utilizing in Covid related duties under the Health Department and
the petitioners 2 to 7 are members of the said Association. The
petitioners 2 to 7 were appointed as Medical Officers on 22.8.2020
and 11.5.2021 respectively on contract basis and their contract
service as Medical Officers were terminated with effect from
16.3.2022. Pursuant to the notification issued by the MPSC dated
01.10.2021, the petitioners 2 to 7 and other members of the
Association have applied for the post of Medical Officers of
Manipur Health Service Grade-IV and vide notification dated
5.1.2022, they have also submitted their Covid duty experience
certificates to the MPSC within the stipulated time.
13. Mr. N. Ibotombi, learned senior counsel would submit
that many Doctors who have not completed 100 days Covid
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 16
related duties were also provided duty experience certificate
without proper verification and many were issued Covid duty
experience certificate after the cut-off date for deciding the
completion of 100 days Covid experience.
14. Mr. N. Ibotombi, learned senior counsel further
submitted that the President and Secretary of the Association
submitted a representation dated 25.1.2022 to the State
respondents, the Director of Health Services and the MPSC for
deferring the recruitment of 300 Medical Officers till the situation
of pandemic is improved and also enable the members of the
Association who were actively involved in Covid related duties for
preparation of the examination. In the said representation, the
Association has also pointed out that many Covid duty experience
certificates were issued by the Director without proper verification
and requested them to verify the genuineness of the certificates.
Instead of taking action on the representation, the Health
Department by way of the impugned letter dated 16.2.2022 and
the notification dated 5.4.2022 extended the last date for
submission of the Covid duty experience certificate and also the
cut-off date for deciding completion of 100 days Covid duty
experience from 31.10.2021 to 25.1.2022.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 17
15. According to the learned senior counsel, the Doctors
who are very close with the higher authority of the State
Government and who have not completed 100 days Covid related
duties as on 31.10.2021 have submitted their certificates issued
by the authority without proper verification, which necessitated the
petitioners in filing the writ petition challenging the impugned letter
and the notification.
16. Mr. Lenin Hijam, the learned Advocate-General
appearing for the State respondents, submitted that the impugned
letter and the notification were issued by the official respondents
having considered the issue and there is no arbitrariness as
alleged by the petitioners. He would submit that the contention of
the petitioners that the impugned letter dated 16.2.2022 and the
notification dated 5.4.2022 were issued by the concerned authority
only to give advantage to the Doctors who have not completed 100
days Covid related duties on or before 31.10.2021 is absolutely
incorrect and, only after proper verification, the concerned
authority has issued the Covid duty experience certificates to the
Medical Officers. Therefore, there is no basis in the claim made
by the petitioners in W.P.(C) Nos.256 and 295 of 2022. Thus, a
prayer has been made to dismiss the writ petitions.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 18
17. Mr. RS Reisang, the learned senior counsel
appearing for the respondent MPSC submitted that the Deputy
Secretary of Health and Family Welfare, Government of Manipur,
sent a letter dated 27.10.2021 to the MPSC for modification of the
scheme of examination requisitioned for Manipur Health Services
Grade-IV Medical Officers. In the said letter, it has been stated
that the individuals providing service in Covid management will be
given priority in the forthcoming regular Government recruitments
after they complete minimum of 100 days of Covid duty with a
further direction that all Doctors who have performed Covid related
duties for at least 100 days may be given 10 additional marks in
the written examination out of the full marks of 200 to be conducted
by the MPSC.
18. Mr. Reisang, learned senior counsel further
submitted that the impugned letter dated 16.2.2022 was sent to
the MPSC to accept the 100 days Covid duty completion
certificates duly signed by Director of Health Services for the
period till 25.1.2022 since the newly extended timeline completion
of 100 days Covid duty is to be taken as 25.1.2022. Therefore,
there is is no arbitrariness in the issuing the impugned letter and
notification.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 19
19. Mr. Reisang, learned senior counsel further
submitted that though the written examination was held, the result
of the examination was not declared in view of the interim order
passed by this Court. He would submit that there has been a
delay of more than one year since the publication of the
advertisement and such delay not only affects the sanctity of the
recruitment process and recruiting body, but also adversely affects
the hopes and aspiration of the aspirants in general and the
candidates in particular.
W.P.(C) Nos.363 and 412 of 2022:
20. Mr. N. Kumarjit, learned senior counsel for the
petitioners in W.P.(C) Nos.363 and 412 of 2022, submitted that
the petitioners were engaged for Covid related duties in Regional
Institute of Medical Sciences Hospital (RIMS), Imphal, which is an
autonomous institution under the Ministry of Health and Family
Welfare, Government of India and the certificates for completion
of 100 days of Covid duty have been issued in their favour by the
Director of Health Services, Government of Manipur. However,
vide letter dated 5.5.2022, the Director of Health Services, has
conveyed that certificates issued in respect of Covid related duties
in RIMS Hospital shall not be considered for awarding 10
additional marks, as RIMS is not under the Government of
Manipur.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 20
21. Mr. N. Kumarjit, learned senior counsel, further
submitted that the restriction of awarding of 10 additional marks
only to candidates who had completed 100 days Covid related
duties in Health Centres/Facilities under the Government of
Manipur is arbitrary, illegal and not maintainable in law. He would
submit that the incentive of awarding 10 additional marks in the
written examination for recruitment of MHS Grade-IV (Medical
Officers) to candidates who have completed 100 days Covid
related duties has been undertaken by the Government of Manipur
upon the recommendation of the Central Government in terms of
the letter dated 3.5.2021 of the Ministry of Health and Family
Welfare. Arguing so, the learned senior counsel submitted that
the impugned letter dated 5.5.2022 as well as the notification
dated 5.1.2022 are liable to be quashed so far as the exclusion of
the aforesaid incentive scheme to the petitioners on the ground of
having completed 100 days of Covid related duties in RIMS,
Imphal.
22. Mr. N. Kumarjit, learned senior counsel, urged that
the petitioners in W.P.(C) Nos.363 and 412 of 2022 are opposing
the issuance of certificates to candidates who were not working in
the Covid periods and such non-genuine certificates must be
strictly verified and cancelled. However, in the case of petitioners
in W.P.(C) Nos.363 and 412 of 2022 is entirely different and their
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 21
Covid duties are undisputed and cannot be excluded. Therefore,
the exclusion made by the respondent authorties is in violation of
the right to equality guaranteed under Article 14 and Article 16 of
the Constitution of India. In support, the learned counsel placed
reliance upon the decisions of the Hon'ble Supreme Court in the
cases of (i) Union of India and others v. M.Selvakumar and
another, (2017) 3 SCC 504 and State of Madhya Pradesh and
others v. Mala Banerjee, (2015) 7 SCC 698.
23. Refuting the submissions made by learned senior
counsel for the petitioners in W.P.(C) No.363 of 2022 and 412 of
2022, the learned Advocate-General appearing for the State
respondents submitted that since the service rendered by the
petitioners is not in Health Centres/Facilities under the
Government of Manipur, the respondent authorities have rightly
not considered the claim of the petitioners, however, now the State
Cabinet has taken a decision to extend the benefits of awarding
additional 10 marks to the Doctors of RIMS Imphal who were
engaged for Covid related duties.
24. This Court considered the rival submissions and also
perused the materials available on record.
25. W.P.(C) Nos.256 and 295 of 2022 have been filed by
the petitioners alleging that more than 300 Covid duty experience
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 22
certificates have been issued by the Director of Health Services,
Government of Manipur, though their services were not utilized as
Doctors in the Health Centres/Facilities; many Doctors who have
not completed 100 days Covid related duties were also provided
the Covid duty experience certificates without proper verification
and also many certificates were issued by the Director even after
the cut-off date for deciding completion of 100 days.
26. W.P.(C) Nos.363 and 412 of 2022 have been filed by
the another set of petitioners alleging that the exclusion of
awarding of 10 additional marks to the petitioners, who were
Doctors in RIMS and who had completed 100 days Covid related
duties in the Heath Centres/Facilities is arbitrary. There is no room
for differentiation or discrimination between the service rendered
under the Central Government and the State Government under
the special scheme introduced by the Central Government. Thus,
the prayer of the petitioners in W.P.(C) Nos.363 and 412 of 2022
is that they are Doctors who have served more than 100 days in
Covid-19 treatments at RIMS Hospital, Imphal, which is a Central
Government Hospital.
27. Let us consider the challenge made in W.P.(C)
Nos.256 and 295 of 2022 first. According to the petitioners,
including the petitioner Association, the petitioners are genuine
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 23
Medical Officers appointed specially for combating Covid related
duties utilized till March, 2022 and the petitioners are facing
hardships as all the time they were engaged in the Covid related
duties.
28. The MPSC issued an advertisement dated 1.10.2021
calling for application for direct recruitment for filling up of 300
MHS Grade-IV (Medical Officers) under Health Department,
Government of Manipur. Pursuant to the advertisement, on
5.1.2022, the MPSC issued a notification informing all candidates
of Manipur Health Services Grade-IV (Medical Officers) that
candidates who have completed 100 days Covid related duties in
Health Centres/Facilities under the Government of Manipur as on
31.10.2021 (last dated of online submission) will be awarded 10
additional marks in the written examination.
29. The Government of India, Ministry of Health and
Family Welfare, MEP Section, vide letter dated 3.5.2021, directed
all the State Government and Union Territories to utilize the
service of the MBBS Doctors in the management of Covid-19.
Paragraph 15 of the said letter reads thus:
"15. State/UT Governments can provide
additional health professionals engaged through
this process, to private Covid Hospitals as well as
in surge areas."
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 24
Paragraph 17 provides as under:
"17. The Central Government recommends to
State/UT Governments to consider giving
preference in regular Government appointments
of Health professionals through the respective
Public Service Commission/other recruitment
bodies, for those Health Professionals under this
special scheme, who complete a minimum of 100
days of Covid related duty."
30. There is no dispute that the petitioners in W.P.(C)
No.256 and 295 of 2022 were appointed/engaged as Medical
Officers in their respective Health Centres/Facilities and they were
issued with Covid duty experience certificates and have also
submitted the same to the MPSC within the stipulated time as
directed. The contention of the petitioners is that on 5.4.2022, the
MPSC issued a notification whereby extending the date of
submission of the Covid duty experience certificate upto 11.4.2022
and by the said notification the cut-off date for deciding the
completion of 100 days Covid experience was also extended upto
25.1.2022. According to the petitioners, the said extension of cut-
off date from 31.10.2021 to 25.1.2022 and the extension of the last
date of submission of the certificates is highly questionable for the
reason that many Doctors who have not completed 100 days
Covid related duties were also provided the experience certificate
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 25
without proper verification and many duty experience certificates
were issued by the Director of Health Services, Government of
Manipur even after the cut-off date for deciding the completion of
100 days Covid experience.
31. There is also no dispute that the petitioners in
W.P.(C) No.363 and 412 of 2022 were appointed as Junior
Resident (non-academic) for rendering their services in Covid
Wards/ICU of RIMS Hospital, Imphal for nearly six months and
they have also applied to the post of MHS Grade-IV (Medical
Officers) and pursuant to the notification, they have submitted
Covid duty experience certificates issued to them to the MPSC
before the prescribed deadline. The petitioners in W.P.(C)
Nos.363 and 412 of 2022 are also opposed the issuance of
certificates to candidates who were not working in the Covid
periods and such non-genuine certificates must be strictly verified
and cancelled.
32. Since serious allegations are levelled against the
Health Department for issuance of Covid duty experience
certificates to underserving candidates who have not been given
active duties in Covid related matters under the Government of
Manipur, on 26.4.2022, this Court directed the Director of Health
Services, Government of Manipur, to file an affidavit explaining the
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 26
number of certificates issued by the Department for completion of
100 days of Covid related duties and also the Government Orders
assigning duties to the concerned Doctors in connection with
Covid related duties. At the same time, as an interim measure,
the MPSC was directed not to declare the result of the written
examination without the leave of the Court, which was held as per
the re-schedule.
33. It appears that pursuant to the order dated
26.4.2022, the Director of Health Services, Manipur, sent a letter
dated 5.5.2022 to the MPSC stating that 94 (sic) Doctors who have
completed 100 days of Covid related duties in RIMS, Imphal, will
not be considered for awarding 10 additional marks in the written
examination for recruitment of MHS Grade-IV (Medical Officer) on
the ground that they had not worked in any Health Centres under
the Government of Manipur for Covid related duties.
34. On 6.5.2022, when W.P.(C) No.295 of 2022 has
been taken up for admission, this Court passed the following
order:
"Heard Mr. H.S. Paonam, learned senior counsel
for the petitioners in W.P.(C) No.295 of 2022 and
perused the records.
[2] Mr. Lenin Hijam, learned Advocate General
for the State Respondent and Mr. R.S. Reisang,
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 27
learned senior counsel for the MPSC are
appeared.
[3] Admittedly, similar a writ petition in W.P.(C)
No.256 of 2022 was filed and this Court by order
dated 26.04.2022 has passed the following
orders:-
"Heard Mr. N. Ibotombi, learned senior
counsel appearing for the petitioners,
Mr. A. Bheigya Meitei, learned counsel
appearing for the State respondents
and Ms. Pamchuila Gangte, learned
counsel appearing for the MPSC.
As directed earlier by this court, the
counsel for the MPSC has placed
before this court 562 (five hundred and
sixty two) number of certificates issued
by the Health Department, Government
of Manipur for completion of 100 days
of Covid related duties, letters dated 27-
10-2021 and 14-12-2021 as mentioned
in the Notification dated 05-01-2022
issued by the MPSC and letter dated
16-02-2022 issued by the Health
Department, Government of Manipur.
The learned counsel has also enclosed
a letter dated 19-04-2022 from the
Controller of Examination, MPSC
addressed to the Director of Health
Services asking certain queries with
regard to the authenticity of some of the
said certificates.
All the said certificates and the letters
mentioned above should be kept in the
custody of the Registrar (Judl.) of this
Court under Sealed Cover. Mr. A.
Bheigya Meitei, learned counsel
appearing for the State respondents
prayed for granting two weeks' time for
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 28
filing counter affidavit on behalf of the
State respondents. Prayer is allowed.
The State respondents more
particularly, the Director of Health
Services, Government of Manipur
should file an affidavit explaining the
number of certificates issued by the
Department for completion of 100 days
of Covid related duties and also the
Government orders assigning duties to
the concerned Doctors in connection
with Covid related duties. List this case
again on 12-05-2022.
A copy of this order be furnished to all
the counsel appearing for the parties
through their WhatsApp/e-mail. The
MPSC is also directed not to declare the
result of the Written Examination
without the leave of this court."
[4] Thereafter, the present petitioners in W.P.(C)
No.256 of 2022 has filed the present writ petition.
Therefore, this Court has directed the Registry to
post this matter in W.P.(C) No.295 of 2022 today
along with W.P.(C) No.256 of 2022. Accordingly,
the matters are listed today.
[5] When the matters are taken up today, I heard
Mr. H.S. Paonam, learned senior counsel for the
petitioners, Mr. Lenin Hijam, learned Advocate
General for the State Respondents and Mr. R.S.
Reisang, learned senior counsel for the MPSC.
[6] Mr. Lenin Hijam, learned Advocate General
has represented that the result of the
examination is not declared as the order of this
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 29
Court dated 26.04.2022 passed in W.P.(C)
No.256 of 2022 whereas Mr. H.S. Paonam,
learned senior counsel for the petitioners
represented that though it is the case of the
petitioners in W.P.(C) No.295 of 2022 that there
are so many bogus covid certificates were issued
to the persons who are not working in the Covid
periods. Therefore, suitable directions may be
issued to the Respondents to verify all the
certificates about its genuineness and report this
Court.
[7] Mr. Lenin Hijam, learned Advocate General
also agreed for the same.
[8] Therefore, the writ petition is admitted. Post
this writ petition on 12.05.2022.
[9] The State Respondents in the writ petition in
W.P.(C) No.295 of 2022 are directed to proceed
the examination as per the schedule and not to
declare the result.
[10] The respondent are further directed to verify
all the certificates as already submitted and its
genuineness and report this Court on
12.05.2022.
[11] Post these matters on 12.05.2022.
35. On 12.05.2022, this Court passed the following
order:
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 30
"[1] Heard Mr. HS. Paonam, learned senior
counsel for the petitioner in W.P. (C) No.295 of
2022; Mr. N. Ibotombi, learned senior counsel for
the petitioner in W.P. (C) No.256 of 2022 and Mr.
Lenin Hijam, learned Advocate General for the
State respondents and Mr. R. S. Reishang,
learned senior counsel for the MPSC.
[2] Pursuant to the order passed by this Court in
W.P. (C) No.256 of 2022 dated 06.05.2022, Mr.
RS. Reishang, learned senior counsel for the
MPSC has produced 562 (five hundred and sixty
two) number of Covid Certificates issued to the
Doctors who served in connection with the Covid
related duties and the same is on record before
this Court and in the custody of the
Registrar(Judicial) of this Court. The learned
counsels appearing for petitioners in both the writ
petitions seek permission to inspect the objected
documents. Therefore, Mr. RS. Reishang,
learned senior counsel for the MPSC and Mr.
Lenin Hijam, learned Advocate General for the
State respondents made no objection.
[3] Therefore, the learned senior counsels for the
petitioners are permitted to inspect the
documents on 16.05.2022 in the presence of
Registrar(Judl.) of this Court.
[4] Mr. Lenin Hijam, learned AG for the State
respondents and Mr. RS. Reishang, learned
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 31
senior counsel for the MPSC seek time for filing
counter affidavit in these writ petitions.
[6] Mr. Lenin Hijam, learned AG for the State
respondents represented that he is going to file
counter affidavit on 13.05.2022 and Mr. RS.
Reishang, learned senior counsel for the MPSC
also seeks time to file counter on 17.05.2022.
Therefore, Mr. Lenin Hijam, learned AG for State
respondents and Mr. R.S Reishang, learned
senior counsel for the MPSC are directed to file
counter affidavit on 13.05.2022 & 17.05.2022
and serve the copy well in advance to the learned
counsels for the petitioners to enable them to file
rejoinder affidavit in the meantime.
[7] Therefore, post these matters on 19.05.2022
for order.
36. Thereafter, on 25.7.2022, when these writ petitions
came up for hearing, this Court passed the following order:
"Heard Mr. HS Paonam, learned senior counsel
for the petitioners in W.P.(C) No.295 of 2022; Mr.
N. Zequeson, learned counsel for the petitioners
in W.P.(C) Nos.363 of 2022 & 412 of 2022; Ms.
N. Savitri, learned counsel for the petitioners in
W.P.(C) No.256 of 2022; Mr. Lenin Hijam,
learned Advocate General for the State
Respondents; and Mr. RS Reisang, learned
senior counsel for the MPSC.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 32
[2] When the matters came on last occasion, this
Court directed the Respondents in W.P.(C)
No.295 of 2022 to produce the copies of the
documents issued by the Respondent RIMS for
the appointment of the Medical Officer.
Accordingly, Mr. Lenin Hijam, learned Advocate
General has represented that the entire
certificate has been produced before this Court
and the same is on record. Therefore, he
represented that this Court may direct to
constitute a committee to verify the genuineness
of the certificate issued by the Respondents and
report this Court.
[3] Mr. HS Paonam, learned senior counsel for
the petitioners in W.P.(C) No.295 of 2022 also
agreed for the same.
[4] Therefore, (1) Smt. Haobam Roshita Devi -
Chairman, IAS, Secretary (Health), Government
of Manipur, (2) Ms. Neeta Arambam - Member,
Secretary, MPSC and (3) Director Health -
Member, Government of Manipur are appointed
as Committee and the Committee is directed to
verify the genuineness of all the certificates and
submit a report within a period of 4(four) four
weeks from the date of receipt of copy of this
order.
[5] Mr. N. Zequeson, learned counsel for the
of 2022 represented that the writ petitions in
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 33
W.P.(C) Nos.412 & 363 of 2022 filed the
petitioners are entirely different. They seek to
issue the certificates since they were also
working.
[6] The submission of Mr. N. Zequeson, learned
counsel for the petitioners in W.P.(C) Nos.363 of
2022 and 412 of 2022 will be considered after
consideration of the genuineness of the
certificate in W.P.(C) No.295 of 2022 and the
matters will be heard along with the writ petition
in W.P.(C) No.295 of 2022.
[7] Therefore, post these matters for orders on
09.09.2022.
[8] The Committee, (1) Smt. Haobam Roshita
Devi - Chairman, IAS, Secretary (Health),
Government of Manipur, (2) Ms. Neeta Arambam
- Member, Secretary, MPSC and (3) Director
Health - Member, Government of Manipur are
directed to give a report on 09.09.2022 and to
serve the copy of the same well in advance to the
learned senior counsel for the petitioners to
enable him to file objection.
[9] The Registrar(Judicial) is hereby directed to
inform the above members of the Committee and
serve the copy of this order and hand over the
entire original certificates produced by Mr. Lenin
Hijam, learned Advocate General, with
acknowledgement and get the report alongwith
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 34
the original certificates and produced the same
before this Court on 09.09.2022.
[10] Post this matters on 09.09.2022 for orders.
[11] Interim order already granted by this Court is
extended till then.
[12] The Registry is directed to issue this orders
to both the parties and also to the Committee
Members.
37. On 9.8.2022, this Court modified the Committee
constituted by its order dated 25.7.2022. Paragraph 5 of the order
dated 9.8.2022 reads thus:
"[5] The Committee already constituted by this
Court on 25.07.2022 is modified and re-
constituted the Committee by namely, (1) Smt.
Haobam Roshita Devi - Chairman, IAS,
Secretary (Health), Government of Manipur, (2)
The Director, Family Welfare, Government of
Manipur and (3) Director Health - Member,
Government of Manipur respectively and the
Committee is directed to verify the genuineness
of all the certificates and submit a report within a
period of 4 (four) weeks from the date of receipt
of this order."
38. On 20.9.2022, when the writ petitions were taken up,
this Court passed the following order:
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 35
"[1] When matters came on 09.09.2022, this
Court directed all the parties in the writ petitions
to inspect the report about the genuineness of
the certificates issued by the respondents RIMS
and on inspection, the learned counsels for the
petitioners are directed to file their objection on
or before 20.09.2022. Accordingly, the matter
was directed to be posted today.
[2] When the matters are taken up today, both the
counsels represented that they want the copy of
the report. Therefore, the Registrar(Judicial) of
this Court is directed to furnish the Xerox copy of
the report to both the parties to enable them to
file objection on or before 27.09.2022.
[3] Therefore, post these matters on 27.09.2022.
[4] Earlier interim order is extended till then.
39. During the course of argument, by producing a copy
of the report of the Committee for verification of Covid duty
certificates issued by the Director of Health Services, Manipur, the
learned Advocate General submitted that the Committee had
examined the Covid duty experience certificates received from the
Registrar (Judicial) of this Court and recording the report of the
Committee, the writ petitions, being W.P.(C) Nos.256 and 295 of
2022, may be closed. The original report which was in the custody
of the Registrar (Judicial) was placed on record during the course
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 36
of arguments. It appears that a copy of Committee report was
supplied to the learned counsel for the petitioners by the Registrar
(Judicial) of this Court.
40. For proper appreciation, the report of Committee
dated 8.9.2022 is extracted hereunder:
REPORT OF THE COMMITTEE FOR
VERIFICATION OF COVID DUTY
CERTIFICATES ISSUED BY DIRECTOR OF
HEALTH SERVICES, MANIPUR IN
CONNECTION WITH HON'BLE HIGH COURT
ORDER DTED 25TH JULY, 2022 PASSED IN
WP(C) NO.412 OF 2022 (MD. SHOAIB KHAN &
5 ORS -VS- STATE OF MANIPUR & ORS.)
WITH WP(C) NO.256 OF 2022 WITH WP(C)
NO.295 OF 2022 & WITH WP(C) NO.363 OF
2022 AND MC (WP(C)) NO.258 OF 2022, Ref:
WP(C) No.412 of 2022).
The verification committee comprises of the
following officials:
1. Haobam Rosita, Special Secretary
(Health & FW), Government of
Manipur - Chairperson
2. 2.Dr. Kh. Sasheekumar Mangang,
Director of Health Services, Manipur
- Member
3. Director of Family Welfare Services,
Manipur.
2. In pursuance of the Hon'ble High Court order
dated 25th July, 2022 and 9th August, 2022
passed in WP(C) No.412 of 2022 (Md. Shoaib
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 37
Khan & 5 Ors -vs- State of Manipur & Ors.) with
WP(C) No.256 of 2022, with WP(C) No.295 of
2022 & with WP(C) No.363 of 2022, a Verification
Committee was constituted vide Government
Order No.18/08/2022-M(C) dated 10.08.2022,
for verification of Covid duty Certificates isused
by Director of Health Services, Manipur.
3. The Committee received 561 (Five hundred
and sixty one) Covid duty Certificates (all
photocopies) from the Registrar (Judicial), High
Court of Manipur. The Committee had four sitting
and the first sitting which was fixed on
11.08.2022 was rescheduled on 18.08.2022, due
to the reconstitution of the Committee by the
Hon'ble High Court vide Orders dated
09.08.2022.
4. The first sitting was held on 18.08.2022 and
the Committee discussed at length the issues
related with verification of 561 (Five hundred and
sixty one) Covid duty certificates received form
the Registrar (Judicial), High Court of Manipur.
After minute deliberation, it was decided to
collect relevant information and documents from
Directorate of Health Services, Manipur, Director
JNIMS, Imphal and Director RIMS, Imphal.
5. The second and the third sittings were held on
25.08.2022 and 5.09.2022 respectively and all
the relevant information and documents received
by the Committee were examined & sorted out
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 38
and decision was taken to fix 07.08.2022 for the
next sitting and also for actual physical
verification of the Covid duty Certificates by
inviting all concerned officials of DHS, CMOs,
representatives of Director, JNIMS and
representatives of Director, RIMS.
6. The last Committee meeting cum verification
was held on 07.09.2022 at the conference hall of
Health Department at RD Wing Lamphelpat with
representatives of Director (RIMS), Director
(JNIMS), and all CMOs along with concerned
officials and the actual verification of the Covid
duty certificates was conducted.
7. All the 561 (Five hundred and sixty one) Covid
Duty Certificates (all photocopies) received from
the Registrar (Judicial), High Court of Manipur,
were segregated District wise, and Health Facility
wise for easy examination by the Committee and
verification Team. Thereafter, these certificates
were handed over to the concerned Verification
Teams of District and Health Facilities, who
further cross checked and compared with the
relevant engagement/appointment orders.
8. After minute examination, the verification
Teams found the follows:
i. Out of 561 Certificates, 457 (four
hundred fifty seven) Certificates issued
by the Director of Health Services were
verified by the Director of Health
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 39
Services, concerned CMOs, Medical
Superintendent of JNIMS and officials
of Health Department, Government of
Manipur. However 2(two) similar
copies of the certificate in respect of Dr
Stanley Gangmei bearing Certificate
No.14267 was found.
ii. Another 90 (ninety four) (sic)
Certificates issued by the Director of
Health Services were verified by the
concerned Asst. Medical
Superintendent of RIMS, Manipur.
iii. 4 (four) Certificates were jointly
verified by representatives of RIMS and
JNIMS.
iv. 10 (Ten) Certificates in respect of the
following were found not issued by the
Director of Health Services:
Dr. Lamneineng Orchid Haokip
Dr. Lourembam Jameson
Dr. Job Lalhrietzing Amo
Dr. Bidyamata laishram
Dr. Karong Renunkhup
Dr. Peningry Warngam Tongsin
Dr. Lamjinglembi Khundrakpam
Dr. Taj Mohammad
Dr. T.S.Tonihring Anal
Dr. Mayanglambam Anjuta Devi
v. The Committee also noted that the
existing State Government policy as
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 40
communicated to MPSC vide letter
No.2/7/2019-M dated 27th October,
2021 from Deputy Secretary (Health &
FW), Government of Manipur to
Secretary, MPSC and subsequent
clarification vide letter No.2/7/2019-M
dated 14th December, 2021 is for
extending benefit of 10 (ten) additional
marks in the written test to only those
doctors who have performed COVID
duties for 100 (one hundred) days in
Health Centres/Facilities under the
Government of Manipur and with valid
COVID duty experience certificates
issued by the Director of Health
Services, Manipur.
9. From the above findings and observations, the
Committee is of the view that out of 561 (Five
hundred and sixty one) Covid Duty Certificates
(all photocopies) received from the Registrar
(Judicial), High Court of Manipur,
i. 457 (four hundred and fifty seven)
Certificates issued by the Director of
Health Services were verified by the
Director of Health Services, Manipur,
concerned CMOs, Medical
Superintendent of (JNIMS) and officials
of Health Department, Government of
Manipur. However 2 (two) similar
copies of the certificate in respect of Dr.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 41
Stanley Gangmei bearing Certificate
No.14267 was found.
ii. 90 (ninety) Certificates issued by the
Director of Health Services were
verified by the concerned Asst. Medical
Superintendent of RIMS, Manipur.
iii. 4 (four) Certificates were jointly
verified by the representatives of RIMS
and JNIMS.
iv. 10 (ten) Certificates were not issued
by Director of Health Services, Manipur.
Sd/- xx Sd/- xxx Sd/-xxx
(Dr. Dihe Mao) (Dr. Kh. Sasheekumar (Haobam Rosita)
Link Officer to Director of Health Special Secretary
Director of Family Services Manipur (Health & FW)
Services Manipur Government of
Manipur
Member Member Chairperson
41. At this juncture, the learned senior counsel appearing
for the petitioners in W.P.(C) No.295 of 2022 submitted that as per
the RTI reply dated 17.10.2022 provided by the JNIMS Authority,
only 40 Doctors were engaged as Medical Officers vide order
dated 9.12.2020 for a period of six months and those 40 Doctors
were eligible for consideration of the Covid duty experience
certificates. The other Doctors who were appointed vide orders
dated 10.6.2021, 22.6.2021,13.7.2021, 15.7.2021, 27.7.2021,
6.8.2021, 7.9.2021, 21.9.2021, 25.9.2021, 29.9.2021, 5.10.2021,
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 42
12.10.2021, 18.10.2021, 27.10.2021, 16.11.2021, 26.11.2021,
3.12.2021, 21.12.2021, 5.2.2022, 17.2.2022 and 11.2.2022 as
Junior Resident were for a period of less than 100 days and, as
such, they were not eligible for consideration of the Covid duty
experience certificates. According to the learned senior counsel,
the Committee for Verification has not examined the illegality
pointed out by the MPSC vide letter dated 19.4.2022. Arguing so,
the learned senior counsel prayed for rejection of the report of the
Committee dated 8.9.2022.
42. When all the 561 Covid duty certificates received
from the Registrar (Judicial) of this Court have been segregated
District wise and Health Facility wise for easy examination of the
Committee and verified the same by the team with cross checking
and compared with the relevant engagement/appointment orders,
now the petitioners cannot question the report of the Verification
Committee by saying that the Committee has not gone into the
illegality pointed by the MPSC in its letter dated 19.4.2022. This
Court is of the considered view that only after considering all
aspects, the Verification Committee had issued the report dated
8.9.2022, which cannot be find faulted by the petitioners.
43. At this juncture, the learned Advocate General
submitted that when the Committee which is an expert body
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 43
examined the Covid duty experience certificates issued to the
Doctors and has given its opinion, the petitioners in W.P.(C)
Nos.256 and 295 of 2022 have no say and they are unnecessarily,
enlarging the scope of the writ petition, which cannot be
entertained by this Court exercising jurisdiction under Article 226
of the Constitution of India.
44. We find some force in the said submission made by
the learned Advocate General. When the Committee after a
thorough verification has given its finding to the effect that out of
561 Covid duty experience certificates received by them, 457 were
issued by the Director of Health Services, however, 2 similar
copies of the certificate in respect of Dr. Stanley Gangmei were
found; 90 certificates issued by the Director of Health Services and
10 certificates were not issued by the Director of Health Services,
Manipur, this Court, exercising jurisdiction under Article 226 of the
Constitution of India cannot interfere with the experts opinion. The
only course open to this Court is to dispose of W.P.(C) Nos.256
and 295 of 2022, as the grievance of the petitioners in those writ
petitions has been redressed.
45. Insofar as the exclusion of the petitioners in W.P.(C)
Nos.363 and 412 of 2022 for not awarding of 10 additional marks
in the written examination for recruitment of MHS Grade-IV
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 44
(Medical Officer) for the sole reason that they served/worked in
RIMS Hospital which is not under the Government of Manipur is
concerned, the learned Advocate General, during the course of
arguments, by producing the State Cabinet decision dated
10.4.2023, submitted that the Doctors who have performed 100
days Covid related duties in RIMS, Imphal as on 25.1.2022 have
also been extended the benefit of 10 additional marks in the
written test conducted by the MPSC for recruitment of MHS
Grade-IV (Medical Officers). The learned Advocate General
submitted that recording the decision of the State Cabinet, the writ
petitions, being W.P.(C) Nos.363 and 412 of 2022, may be closed.
46. For better appreciation, the copy of the Cabinet
decision produced by the learned Advocate General, is extracted
hereunder:
"Note 1
Sub: Issuing certificates to Doctors who have
completed 100 days COID related duty in RIMS.
May kindly refer to Pg 1 CF for a Secretariat:
Health Department letter No.2/7/2019-M dated
14-09-2022 conveying the decision of the state
Cabinet for ex-post facto approval to the
extension of the benefit of 10 (ten) additional
marks to the doctors who have performed 100
days COVID related duties in RIMS Imphal as on
25-01-2022 in the written test conducted by the
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 45
Manipur Public Service commission for
recruitment of Medical Officers in MHS Grade-IV.
2. Further, it is mentioned in the above
Government convey letter dated 14-092022 that
Doctors who have performed 100 days COVID
related duties in RIMS Imphal as on 25-01-2022
shall be issued certificates only after proper
verification and with the approval of Vice
Chairperson of RIMS Imphal.
3. 94 (ninety four) certificates have been issued
to the doctors who have performed 100 days
COVID related duties in RIMS Imphal as on 25-
01-2022. Genuineness of all these certificates
have been verified by the Committee chaired by
Smt. Roshita Haobam, Special Secretary
(Health), Government of Manipur. Photocopies
of all the certificates are enclosed as Annexure in
this file.
4. It is, therefore, to request for obtaining ex-post
facto approval of the Hon'ble CM & Vice
Chairperson of RIMS for issuing the 94
certificates mentioned in para 3 above."
47. On a perusal of the Note dated 11.04.2023 appended
to the Cabinet decision dated 10.4.2023 indicates that Covid duty
certificates of Doctors on duty at RIMS verified by the Verification
Committee has been approved.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 46
48. Since ex-post facto approval to extend the benefit of
10 additional marks to the Doctors who have performed 100 days
Covid related duties at RIMS, Imphal as on 25.1.2022 in the
written test conducted by the MPSC for recruitment of Medical
Officers in MHS Grade-IV has been granted by the State Cabinet
and later on approved by the Hon'ble Chief Minister, this Court is
of the view that the grievance of the petitioners in W.P.(C) Nos.363
and 412 of 2022 for awarding of additional 10 marks in the written
examination in recognition of Covid related duties rendered by the
Doctors at RIMS Hospital, Imphal, has been redressed.
49. In view of State Cabinet decision extending the
benefit of awarding of additional 10 marks to the Doctors served
in RIMS, Imphal and the said position is also accepted by the
leaned senior counsel for the petitioners in W.P.(C) Nos.363 and
412 of 2022, the decisions relied upon by them in the cases of
Sevakumar and Mala Banerjee, supra, have not been elaborated.
50. W.P.(C) No.257 of 2023 has been filed by another
set of Doctors who had participated in the written examination
conducted by the MPSC for recruitment to the post of MHS Grade-
IV (Medical Officers) contended that though the written
examination has already been completed, the recruitment process
has still not been completed and they expected that their names
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 47
would be in the list of successful candidates. Therefore, suitable
directions may be issued to the respondent authorities in declaring
the result.
51. Be that as it may, whether the names of the
petitioners in W.P.(C) No.257 of 2023 would be appeared in the
successful list or not, in view of the completion of the verification
of Covid duty experience certificates by the Verification Committee
pursuant to the direction of this Court and in view of the extension
of the benefit of 10 additional marks to the Doctors who have
performed 100 days Covid related duties in RIMS, Imphal, now
there is no difficulty in declaring the result of the written
examination held on 10.5.2022 for filling up of the post MHS
Grade-IV (Medical Officers) under Health Department,
Government of Manipur.
52. In the result,
(i) W.P.(C) Nos.295 and 256 of 2022 are
disposed of recording the report dated
8.9.2022 of the Committee for Verification of
Covid duty experience certificates issued by
the Director of Health Services, Manipur.
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
P a g e | 48
(ii) W.P.(C) Nos.363 and 412 of 2022 are
disposed of in terms of the State Cabinet
decision dated 10.4.2023.
(iii) W.P.(C) No.257 of 2023 is disposed of
directing the concerned respondent to declare
the result of the examination conducted for
filling up of the post of Medical Officers in
Manipur Health Service Grade-V.
(iv) The respondent authorities are directed to
expedite declaring the result, the process for
selection and appointment and complete the
entire exercise within a period of three months
from the date of receipt of a copy of this order.
(v) The interim order already granted in these all
writ petitions are vacated.
(vi) There will be no order as to costs.
(vii) Consequently, the miscellaneous cases, if
any, is closed.
ACTING CHIEF JUSTICE
FR/NFR
Sushil
WP(C) No. 256 of 2022, WP(C) No. 257 of 2023, WP(C) No. 295 of 2022, WP(C) No.
363 of 2022 and WP(C) No. 412 of 2022
