ARUNA SOIBAM AND ORS. Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) HEARD Shri H.S. Paonam, learned Senior Advocate assisted by Shri S. Gunabanta, Advocate appearing for the petitioners; Shri Th. Ibohal, learned Advocate General assisted by Shri A. Viscount, Government Advocate, Shri N. Ibotombi, learned Senior Advocate assisted by Shri A. Rommel, Advocate appearing for the respondent No. 3 and Shri M. Hemchandra, learned Advocate appearing for the respondent No. 2.

(2.) BY the present writ petition, the petitioners have questioned the validity and correctness of the order dated 06 -05 -2015 issued by the State Government and notification dated 08 -05 -2015 issued by the Director of Health Services, Manipur. Ccording to the petitioners, they are all working as Senior Residents/Tutors/Demonstrators at the Jawaharlal Nehru Institute of Medical Sciences (JNIMS), established in the year 2007, run and managed by the JNIMS Society registered under the provisions of the Manipur Society Registration Act bearing Regd. No. 312/M/SR/2007 dated 10 -12 -2007.

(3.) IT is submitted by Shri H.S. Paonam, learned Senior Advocate appearing for the petitioners that the State Government and the Director of Health Services, Manipur have no authority to issue the impugned order and notification and as per bye -laws, it is the authorities of the JNIMS, Manipur only which have the power to manage the affairs of the JNIMS including the matters of academic, admission, etc. It is further submitted that the petitioners being the staff of the JNIMS, their legitimate rights ought to have been considered by giving institutional preference and moreover, since the petitioners were not able to appear in the All India Post Graduate Medical Entrance Examination, 2015 in view of the Memorandum dated 15 -11 -2014 issued by the Director, JNIMS grating no leave of any kind inclusive of appearing for such examination, the State Government ought to have conducted a test for selection of candidates for admission to PG course in JNIMS.