MANIPUR PUBLIC SERVICE COMMISSION Vs. MANIPUR INFORMATION COMMISSION

JUDGEMENT

(1.) Writ Appeal No.42 of 2018 arises out of the judgment and order dtd. 4/10/2018 passed by a learned Judge of this Court in W.P(C) No.833 of 2018. Manipur Public Service Commission, the appellant, was the petitioner in the said writ petition. Cause for grievance therein was the direction of the Manipur Information Commission, vide order dtd. 10/8/2018, that the Manipur Public Service Commission should provide certified copies of the answer sheets of 82 candidates selected in the Manipur Civil Services (Combined Competitive Examination), 2016, to Th. Lucy Devi, a third-party applicant under the Right to Information Act, 2005, respondent No.2 in the appeal. The complaint of the Manipur Public Service Commission was that an opportunity should have been given by the Manipur Information Commission to the 82 selected candidates before their answer scripts were directed to be furnished to a third party. By the judgment and order dtd. 4/10/2018, the learned Judge dismissed the writ petition with costs of Rs.5000.00.

(2.) Earlier, Writ Appeal No. 54 of 2018 was filed against the very same judgment dtd. 4/10/2018 in W.P(C) No.833 of 2018. The appellants therein, three in number, were amongst the candidates selected in the subject examination. They were aggrieved by the direction of the Manipur Information Commission to furnish their answer scripts to a third party. They, however, sought leave to withdraw the said writ appeal reserving liberty to file an appeal afresh. Leave was granted to them on 9/12/2021 and the said writ appeal was dismissed with the liberty prayed for. Thereupon, they filed M.C(WA) No.1 of 2022 seeking condonation of the delay of 1159 days in preferring an appeal afresh against the judgment and order dtd. 4/10/2018 passed in W.P(C) No.833 of 2018.

(3.) While matters stood thus, the Supreme Court passed order dtd. 11/2/2022 in Special Leave Petition (Civil) Diary No. 5680 of 2021 and batch, directing the Manipur Public Service Commission to conduct afresh the Main Examination of the Manipur Civil Services (Combined Competitive Examination), 2016, and not later than four months from that day. In effect, the very selection of the 82 candidates in the earlier examination, whose answer papers were sought by the third-party applicant under the Right to Information Act, 2005, now stands set aside for all practical purposes.