TONGBRAM BIMOLCHAND SINGH Vs YUMLEMBAM SURJIT SINGH
Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR, HON'BLE MR. JUSTICE NAVIN SINHA
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-003752-003753 / 2018
Diary number: 41368 / 2017
Advocates: RAJIV MEHTA Vs
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 3752-3753/2018
(ARISING FROM SLP (C) NOS.37281-37282/2017)
TONGBRAM BIMOLCHAND SINGH & ORS. APPELLANT(S)
VERSUS
YUMLEMBAM SURJIT SINGH & ORS. ETC. RESPONDENT(S)
J U D G M E N T KURIAN, J.
Leave granted.
2. The appellants are before this Court aggrieved by
the interim order dated 20.11.2017 passed by the High
Court of Manipur at Imphal directing re-verification
of the answer scripts of all the candidates who
participated in the selection conducted by the MPSC
for Manipur Civil Services.
3. The appellants contended before this Court that
it was not necessary to conduct an all pervasive
inquiry and the same should be limited to the writ
petitioners.
4. In view of the above submission, on 11.01.2018,
while issuing notice, the following order was passed
by this Court:-
“Issue notice.
For the time being, the scope of inquiry,
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as directed by the learned Single Judge of
the High Court, shall be limited only to
the answer sheets of the candidates who
have approached the High Court.”
5. Thereafter, this Court directed the Committee
appointed by the High Court to submit a Report to
this Court. In the Report filed by the Committee, it
is stated that there had been quite a few
irregularities. In that background, on 23.03.2018,
this Court passed the following order:-
“The High Court of Manipur has forwarded
a report of the Committee, which conducted
verification of the answer sheets of the
petitioners. It is reported that there have
been quite a few irregularities. If that be
so, Sh. Prashant Bhushan, learned counsel
appearing for the intervenors, prays that in
view of the report of the Committee, re-
verification may be conducted in respect of
other candidates, since the total number of
candidates are only 1068.
In view of the report of the Committee,
whether any further verification is to be
conducted at all, is itself a question.
The learned counsel appearing for the Manipur
Public Service Commission seeks two weeks'
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time to file response to the report of the
Committee and on further course of action.
Post on 12.04.2018.“
6. Heard Mr. Tushar Mehta, learned Additional
Solicitor General of India appearing for the State of
Manipur, Mr. V. Giri, learned senior counsel
appearing for the MPSC, Mr. Debel Kumar Banerjee,
learned senior counsel appearing for the appellant
and Mr. Prashant Bhushan, learned counsel appearing
for the party respondents.
7. Having regard to the indications in the Report of
the Committee, we are of the view that it is in the
interest of justice that the process, as directed by
the High Court, should not be disturbed.
Accordingly, we dispose of these appeals with a
direction to the Committee to undertake the
verification, as directed by the High Court,
expeditiously, in any case within a period of six
weeks from today. Thereafter, the Committee will
submit a Report to the High Court and the High Court
may dispose of the matter expeditiously, having
regard to the Report of the Committee.
8. We make it clear that we have not otherwise
considered the appeals on merits and it is for the
High Court to consider the merits of the matters.
9. The appeals are, accordingly, disposed of.
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10. Pending applications, if any, shall stand
disposed of.
11. There shall be no orders as to costs.
.......................J. [KURIAN JOSEPH]
.......................J. [MOHAN M. SHANTANAGOUDAR]
.......................J. [NAVIN SINHA]
NEW DELHI; APRIL 12, 2018.
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