[Cites 3, Cited by 0]
Manipur High Court
Dr. G. Poufullung Kabui & 3 Ors vs State Of Manipur & 3 Ors on 28 November, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Suppl.-2 Item Nos. 1-2
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 942 of 2025
Dr. G. Poufullung Kabui & 3 Ors.
...Petitioners
- Versus -
State of Manipur & 3 Ors.
...Respondents
With
MC(WP(C)) No. 872 of 2025
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
28-11-2025
[1] These matters are taken up on mentioning due to urgency and
listed as Supplementary-2.
[2] Present Mr. N. Ibotombi, learned senior counsel assisted by
Ms. Y. Jinita, learned counsel for the petitioners and Mr. Y. Ashang, learned
Government Advocate, assisted by Mr. Phungyo Zingkhai, learned Dy.
Government Advocate on behalf of the State respondents.
[3] The petitioner Nos. 1, 2 & 4 are Senior Residents and the
petitioner No. 3 is the Tutor/Demonstrator in Jawaharlal Nehru Institute of
Medical Sciences (JNIMS). Mr. N. Ibotombi, learned senior counsel for the
petitioners, refers to the Time Scale Promotion (Regularly appointed Senior
Residents/Tutor/Demonstrator/Lady Medical Officer possessing Post
Graduate Degree) (1st Amendment) Rules, 2022 issued vide notification
dated 16-02-2022 whereby 4 PG seats in JNIMS are reserved for such
Senior Resident/Tutor/Demonstrator working in JNIMS for the years 2021-
2025. It is submitted that for the year, 2025, one seat each under
Anaesthesiology, Medicine, Paediatrics and Respiratory Medicine has been
earmarked for admission in PG for in-service candidates. However, the
State Government issued a notification dated 06-11-2025 known as "The
Manipur Medical Postgraduate Seat Allotment Schemes, 2025" for the
distribution of PG seats in the State of Manipur. By the impugned notice
dated 24-11-2025 issued by the Convenor, State Level Medical PG
Counselling Committee, 2025 & Dean (Academics), JNIMS, Imphal, it is
stated that the selection of PG seats for Manipur will be considered on the
basis of "The Manipur Medical Postgraduate Seat Allotment Schemes,
2025". Mr. N. Ibotombi, learned senior counsel for the petitioners, refers to
JNIMS Scheme of 2022 whereby the year, 2025 will be the final year for the
scheme and the scheme will not be effective after the year, 2025. Attention
of this Court is drawn to the new scheme of 2025 and it is submitted that the
JNIMS Scheme of 2022 is not repealed or superseded by the new scheme
of 2025. Mr. N. Ibotombi, learned senior counsel for the petitioner, refers to
the decision of this Court in the case of Dr. Ibetombi Kshetrimayum Vs.
State of Manipur & 3 Ors reported as 2025 Volume 2 Manipur Law
Journal 289 whereby this Court had upheld the validity of the scheme in
spite of the decision of the Supreme Court in the case of Dr. Tanvi Behl Vs.
Shrey Goel, reported as 2025 INSC 125 and this Court rejected that the
scheme has been superseded by the judgment of the Hon'ble Supreme
Court in Dr. Tanvi Behl case (supra). In that judgment, the learned
Advocate General has retracted the stand of the State and agreed with the
view of this Court that Dr. Tanvi Behl case (supra) does not abrogate the
JNIMS Scheme of 2022. The judgment has been upheld by the Division
Bench and the SLP has been dismissed by the Hon'ble Supreme Court. Mr.
N. Ibotombi, learned senior counsel for the petitioners, submits that by not
considering the JNIMS Scheme of 2022, the rules framed under Article 309
of the Constitution and the statutory right of the petitioners of availing JNIMS
Scheme under JNIMS sponsored candidates have been effected and it is
stated that the notice dated 24-11-2025 excludes the JNIMS Scheme of
2022 thereby depriving the petitioners of their 4 seats earmarked for the
year, 2025 under the JNIMS scheme.
[4] Mr. Y. Ashang, learned Government Advocate appearing for the
respondents, submits that he has been served with the copy of the petition
just now and wants to go through the same and the matters may be listed
on Tuesday, i.e. 02-12-2025 after taking instructions.
[5] In the circumstances, list these cases on 02-12-2025. However, 4
seats for the year, 2025 for PG in JNIMS be reserved for consideration of
the persons for JNIMS Scheme of 2022 subject to the outcome of the writ
petition.
[6] Furnish a copy of this order to the learned counsel appearing for
the parties in the course of the day.
JUDGE
Victoria
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2025.11.28
VICTORIA 16:36:57 +05'30'
