MONITA DEWAN CHAKMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) We have heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. S. Chakravarty, learned counsel representing the petitioners. Also heard Mr. D. Das, learned Advocate General, assisted by Mr. A. Kalita, learned Additional Advocate General representing the State of Mizoram, Mr. U.K. Nair, learned senior counsel, assisted by Mr. A. Boro, learned counsel representing the respondent Nos. 3 to 7 in WP(C) No. 285/2022, Mr. K. Gogoi, learned Central Government Counsel representing the respondent No. 8 in WP(C) No. 285/2022 and Mr. J.C. Lalnunsanga, learned counsel representing the applicants in I.A.(Civil) Nos. 468/2023, 469/2023, 1295/2023 and 1297/2023.

(2.) PIL No. 44 of 2022 has been filed by the Mizoram Chakma Students Union challenging the validity of the Notification dtd. 31/5/2021, issued by the Commissioner and Secretary to the Government of Mizoram notifying the Mizoram (Selection of Candidates for Higher Technical Courses) (Amendment) Rules, 2021 as being violative of Articles 14, 15, 16(4) and 21 of the Constitution of India on the ground that 93% of the seats have been reserved for the permanent residents of Mizoram, under category-I, i.e., only Zo ethnic tribe or the majority Mizos, whereas only 1% of the seats have been reserved for 'Children of other local permanent Scheduled Tribe (ST) (Non-Mizo) residents of the State of Mizoram', who are placed under category-II. The further ground is that the Notification dtd. 31/5/2021, places additional requirement for the candidates falling under the Category-II and III, viz, they should have passed Classes-XI and XII from any school within the Mizoram State, recognized by the Government of Mizoram, whereas no such requirement has been placed for those falling under Category-I, i.e., Mizos.

(3.) WP(C) No. 285 of 2022 is also filed challenging the same Notification dtd. 31/5/2021, by candidates who have qualified the National Eligibility-cum-Entrance Test (NEET) 2021 and belong to the Chakma Community, who fall under the Category-II of the Notification dtd. 31/5/2021 and have studied Class-XI and XII outside the State of Mizoram and were made ineligible to submit their 'NEET 2021 Report form for Mizoram Quota' for applying under Mizoram State Quota Seats.