NINGTHOUJAM SAMARENDRA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Serto T. Kom, learned counsel appearing for the petitioners, Mr. Th. Ibohal, learned Addl. Govt. Advocate appearing on behalf of the Government respondents, Mr. H. S. Paonam, learned counsel appearing on behalf of the respondents No. 7 to 10, Mr. A. Mohendro, learned counsel appearing on behalf of the respondent No. 11 and Mr. Amarjit Naorem, learned counsel appearing on behalf of the respondent No. 3.

(2.) THIS writ petition has been filed praying mainly for quashing the Scheduled Caste Certificates issued in favour of the respondents No. 6 to 10 along with the combined merit list of MBBS/bds CET-2008 so far as the above said respondents are concerned and also for directing the respondents No. 1 and 2 to allow the petitioners to get Scheduled Caste quota of MBBS/bds for the year 2008 in place of the said respondents No. 6 to 10.

(3.) IT is the case of the petitioners that Scheduled Caste certificates issued by the concerned authorities in favour of the respondents No. 6 to 10 on the basis of which they appeared as Scheduled Caste candidates in the said examination were issued illegally and as such, the said respondents were wrongly and illegally categorized as Scheduled Castes candidates in the said examination. Consequently, according to the petitioners, the petitioner No. 1 is entitled to be selected as a Scheduled Caste candidate for the course of MBBS/bds in place of respondent No. 6. The basis of the case of the petitioners is that only members of the Lois communities living in the 8 (eight) recognized Lois villages, namely, Sekmai (Awang), Phayeng, Khurkhul, Koutruck, Leimaram, Kwotha, Leimaram Khunou and Andro are entitled to claim as members of the Scheduled Castes in the State of Manipur. According to the petitioners, since the respondents No. 6 to 10 do not belong to Loi communities living in the said 8 (eight) recognized Loi villages, they are not entitled to Scheduled Castes status. In other words, according to the petitioners no person claiming to belong to Loi community of a village other than any of the said 8 villages can claim the status of Scheduled Castes in the State. It is also to be noted that in the course of hearing, the petitioners counsel submission is mainly directed as against the respondent No. 6 on the ground that the said respondent being not entitled to the status of Scheduled Caste, the petitioner No. 1, who is a member of the Loi community of one of the said 8 villages must be selected for the course of MBBS/bds-2008 on the basis of the combined merit list in place of the respondent No. 6.