MAIPHAI HONGCHUI Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-12-13
HIGH COURT OF MANIPUR
Decided on December 19,2019

Maiphai Hongchui Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

M.V. Muralidaran - (1.) This writ petition has been filed by the petitioners to issue a Writ of Certiorari calling for the proceedings of the Special Departmental Promotion Committee (hereinafter after referred to as "Special DPC") held on 28.12.2016 and also the impugned order dated 16.3.2017 as far as it relates to respondent Nos.3 to 7 and quash the same and also to direct the official respondents to convene a review/fresh DPC to consider the cases of the petitioners under their quota and reservation policy and appoint them thereafter.
(2.) The case of the petitioners is that they are Members of the Scheduled Tribe community and they were initially appointed to the post of Section Officer Grade-II in the Department of Works, Government of Manipur with effect from 4.9.1987 and thereafter, they were promoted to the post of Section Officers, Grade-I with effect from 13.12.1994. Since then they were serving in the said posts without any adverse remarks with the hope and trust that they will be promoted to the higher posts including the post of Assistant Engineers.
(3.) The State of Manipur, with the aims and objectives to uplift the status of Scheduled Caste and Scheduled Tribes, enacted an Act viz., Manipur Reservation of Vacancies in Post and Service (for Scheduled Caste and Scheduled Tribes) Act, 1976 and a Rule thereunder was framed and published on 17.5.2011. As per the said Act, as may as 31% of posts and services are to be reserved for Schedule Tribe candidates. As per 200 point roster as applicable in the State as many as 42 posts are required to be filled up by Schedule Tribe candidates. The seats required to be filled up by Schedule Caste candidates are only 2. However, as many as 4 candidates, who are all Diploma holders have been promoted. Out of 138 incumbents having been promoted vide impugned order, only 22 Scheduled Tribe candidates have been promoted and there is a shortfall of as many as 20 posts.;


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