Y. AMUMACHA SINGH Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Mr. Rarry, learned counsel for the petitioner as well as Mr. R.S. Reisang, learned senior Govt. Advocate for the Manipur Public Service Commission and Ms. Sobhana, learned Government Advocate for the State respondents. None appears for the private respondents.

(2.) THE only issue raised in this writ petition is whether the Manipur Public Service Commission (MPSC) while making recommendation in respect of various categories of post i.e. General (unreserved), Scheduled Castes and Scheduled Tribes could change the reservation pattern contrary to the reservation of post intimated by the State Government to the MPSC. In this case, the State Government sent up the proposal to the Manipur Public Service Commission for promotion to the post of Manipur Forest Service Grade -II (Assistant Conservator of Forests) vide letter dated 19.9.2013 written by the Deputy Secretary (DP), Government of Manipur addressed to the MPSC enclosing all the necessary documents including the requisite MPSC Form No. 6 duly filled in, Note for DPC, Integrity Certificates/Vigilance Clearance Certificates, Seniority Lists and other relevant documents. In the said MPSC Form No. 6, the State Government have indicated the number of year wise vacancies vis   -vis various categories viz. General (unreserved), Scheduled Caste and Scheduled Tribe. In the said proforma, the government had earmarked one post for Scheduled Caste candidate. Pursuant to the aforesaid process initiated by the State Government, the Manipur Public Service Commission constituted a DPC which held its meeting on 31.10.2013. As regards the one post reserved for the Scheduled Caste to be considered at the time of promotion to MFS Grade -II(ACF), the DPC, however, did not agree with the reservation of one post for the Scheduled Caste and the DPC, after considering, observed that there cannot be any reserved post for the Scheduled Caste as mentioned in Para No. 7 of the said proceeding of the DPC held on 31.10.2013. Accordingly, no recommendation was made in favour of any Scheduled Caste candidate though the State Government had specifically reserved one post for the Scheduled Caste and had also sent up the list of eligible candidates belonging to the Scheduled Caste candidates including the present writ petitioner.

(3.) MR . R.S. Reisang, learned senior counsel appearing for the Manipur Public Service Commission contends that what the Manipur Public Service Commission had done was in accordance with the reservation policy of the State Government. It has been submitted by Mr. R.S. Reisang, learned senior counsel that the DPC which held its meeting on 31.10.2013 had considered the proposal in depth and did not accept the reservation of one post for Scheduled Caste within the 200 point based roster as the cadre strength of MFS Grade -II is 25 (twenty -five) and the reservation for Scheduled Caste is 2% of the posts. Accordingly, there could not have been any reservation for the Scheduled Caste as per the 200 point based roster adopted by the State Government and it has been submitted that the Manipur Public Service Commission was merely rectifying a mistake committed by the State Government in calculation of the roster points by taking into consideration the cadre strength of the MFS Grade -II and as such, since it was a correction of a mistake committed by the State Government, the recommendation made by the Manipur Public Service Commission cannot be faulted with.