Manipur High Court
Wahengbam William vs Union Public Service Commission on 24 June, 2024
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
73-74
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No.263 of 2024 with
MC (WP(C)) No.222 of 2024
Wahengbam William ... Petitioner
-Versus-
Union Public Service Commission
& Another ... Respondents
BEFORE
HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA
24.06.2024
Heard Mr.S.Bishwajit, learned senior counsel assisted
by Ms.A.K.Sanarembi, learned counsel for the petitioner, Mr.Amarjit
Naorem, learned counsel for the UPSC along with Mr.M.Premjit,
Advocate and Ms.I.Bimola, learned counsel for the
MPSC/respondent No.2.
The petitioner, who appeared in the NDA & NA
Examination in pursuance of Advertisement dated 7.6.2017, was
debarred from appearing in any examination conducted by the
UPSC, for a period of 10 years w.e.f. 24.10.2017 vide
communication dated 10.11.2017 addressed to the petitioner by the
Under Secretary (NDA), Union Public Service Commission. The said
intimation dated 10.11.2017 is impugned in the present writ
petition.
It is stated that the petitioner along with some other
candidates were also debarred for ten years from appearing in the
exams conducted by the UPSC. Vide common judgment and order
dated 4.10.2019 passed by this Court in WP(C) Nos.1047, 1006,
1007, 1008, 1037, 1048, 1087 and 1088 of 2018, the ten years'
debarment was reduced to five years. The petitioner was
subsequently appointed as Assistant Commandant (General Duty) in
Coast Guard vide appointment letter dated 19.12.2022 issued by the
Commandant/Director, Recruitment Officer for Coast Guard,
Headquarter during pendency of the present writ petition.
Mr.Amarjit Naorem, learned counsel for the UPSC has
placed before this Court a letter dated 21.05.2024 issued by the
Under Secretary (NDA), UPSC reducing the debarment of the
petitioner from ten years to five years w.e.f. 24.10.2017 and the
same is taken on record. Mr.Amarjit Naorem, learned counsel for
the UPSC submits that the writ petition has become infructuous as
the relief prayed for in the writ petition has been satisfied by the
letter dated 21.05.2024.
Ms.I.Bimola, learned counsel for the MPSC submits
that the MPSC has nothing to do with the matter apart from being
examination centre for conducting the examination.
Mr.S.Biswajit, learned counsel for the petitioner
submits that the petition may be disposed of as infructuous with the
clarification that the petitioner was appointed in the Coast Guard in
a recruitment conducted by the Coast Guard and the impugned
order dated 10.11.2017 and subsequent order dated 21.05.2024
issued by the Under Secretary, UPSC there shall be no impediment
in the matter of his service in Coast Guard.
This Court has considered the submissions made at
the Bar and on careful perusal of the impugned order dated
10.11.2017, the debarment was ten years from appearing future
examination/selection to be held by the UPSC and subsequent
appointment of the petitioner as Assistant Commandant (GD) in the
Coast Guard was in a recruitment conducted by the Indian Coast
Guard.
With the observation, the writ petition is disposed of.
Misc case, also stands disposed of.
JUDGE
Priyojit
RAJKUMAR Digitally
RAJKUMAR
signed by
PRIYOJIT PRIYOJIT SINGH
Date: 2024.06.26
SINGH 10:46:37 +05'30'
