MC(WP(C))/318/2021 of STATE OF MANIPUR AND ANOTHER Vs KAMEIDUN KAMEI JAMES AND ANOTHER on 29 December 2021

KABORAMBAM SAPANA CHANUDigitally signed by KABORAMBAM SAPANA CHANU Date: 2021.12.30 14:11:25 +05'30'

Item No. 41

(Through video conferencing)

IN THE HIGH COURT OF MANIPUR AT IMPHAL

MC(WP(C)) No. 318 of 2021 Ref: WP(C) No. 625 of 2021

State of Manipur & Anr. …. Applicant/s

- Versus –

Kameidun Kamei James & Anr. .

.... Respondent/s

BEFORE HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH

29.12.2021

Heard Mr. Niranjan Sanasam, learned GA appearing for the applicants and Mr. M. Hemchandra, learned senior counsel appearing for the respondents/writ petitioners.

The only submission advanced by the learned GA appearing for the applicants is that by an order dated 20.09.2021 passed in the connected WP(C) No. 625 of 2021, the authorities have been restrained from publishing the result of the DPC held on 26.11.2021 for promotion to the post of Jamadar (MR/IRB) without leave of this Court. The applicants are seeking leave of this Court through this application for allowing them to declare the result of the said DPC in respect of the General Category only, i.e., 85% quota provided under relevant Recruitment Rules as the election code of conduct is knocking at the door. It has also been submitted by the learned GA that no prejudice will be caused to the applicants as their grievance is restricted in respect of promotion against the 15 % out of turn promotion quota provided under the RR.

Mr. M. Hemchandra, learned senior counsel vehemently objected to the submission advanced by the GA on the ground that such prayer made by the GA is contrary to the pleading made by the applicants as well as the prayer made in the present application. However, the learned senior counsel fairly conceded that the dispute raised in the connected writ petition confines to the promotion against 15 % quota for out of turn promotion.

After hearing the argument of the learned counsel appearing for the parties, this Court is of the considered view that interest of justice will be served by allowing the authorities to announce the result of the said DPC in respect of the General Category, i.e., for promotion against 85 % quota as provided under the RR. It is hereby also made clear that the authorities should not announce the result of the said DPC in respect of promotion against 15 % quota for out of turn promotion as provided under the RR without leave of this Court.

With the aforesaid direction, the application is disposed of.

JUDGE

Sapana