Ex-MPSC 2016 cadres challenge commission’s move to conduct fresh mains exam

Manipur High Court notifies state government, MPSC to reply within four weeks

A writ petition was filed challenging the notice issued for conducting Manipur Civil Services Combined Competitive (MCSCC) main examination 2016 with prayers to direct the Manipur Public Service Commission (MPSC) not to conduct the examination on August 28.

The matter has been taken up in the court of Chief Justice, Ramalingam Sudhakar, High Court of Manipur. The court heard the submission of counsels and issued a notice directing the MPSC secretary and state government principal secretary, secretary, commissioner, department of personnel to submit a reply within four weeks.

The petitioners are Glory Chingthiankim, 31, daughter of Seikholun Singsit, Churachandpur district and SL Kamkhohao,32, son of (L) SL Lenpao, Kangpokpi district, Manipur. Both petitioners worked as an officer in state government before the MPSC 2016 examination was quashed.

They filed the petition under Article 226 of the Constitution of India, praying for issuance of an appropriate writ or order or direction as the Court deemed fit and proper in the facts and circumstances of the case.

The petitioners sought court’s intervention to direct the MPSC not to conduct the MCSCC (Mains) Examination, 2016 for which notification was issued on August 14.

The petitioners pleaded that the examination must not be conducted till the final disposal of the batch of Review Petitions filed to review the Common Judgment and Order on October, 18 passed by the division bench of the Court in WA No. 19 of 2017 and batch, and MC (Review Petition) No. 3 of 2020; MC (Review Petition) No. 4 of 2020; MC (Review Petition) No. 5 of 2020; MC (Review Petition) No. 6 of 2020; MC (Review Petition) No. 7 of 2020; MC (Review Petition) No. 8 of 2020; MC (Review Petition) No 9 of 2020; MC (Review Petition) No. 10 of 2020; MC (Review Petition) No, 11 of 2020 and MC (Review Petition) No. 12 of 2020.

The petition stated that MPSC issued a press release on August 26, justifying its decision to conduct the Manipur Civil Services Combined Competitive (Main) Examination, 2016.

Accordingly, the MPSC issued a notification on August 27, calling for fresh applications to be submitted online for Manipur Civil Services Combined Competitive (Main) Examination, 2016, it said.

It was submitted that the ratio of the judgment of the division bench of the Court quashing the entire selection process and appointment orders after having served for more than two years was a serious lapses on the part of the MPSC in the conduct of the Examination 2016.

The petitioner, in the petition, questioned that the pertinent question is whether the MPSC has undertaken its reformative measures as directed by the Court?

It pointed out that the Court by its order on July 23 had given further six months time to the CBI with effect from August 1 to complete the investigation as directed by the Court its judgment on October 18, 2019. The same speaks for itself that the reformative process of MPSC is under process.

To conduct the Manipur Civil Services Combined Competitive (Main) Examination, 2016 or apply other examinations by MPSC before the CBI, at least, files charge sheet in the said investigation amounts to deliberate and wilful undermining of the judgment of the Court.

It was further submitted that the public faith in the MPSC is now severely damaged and at its lowest. Unless definitive and manifestly visible actions are taken to instil public confidence, examinations in the future would still be plagued with problems of litigation which may incur heavy costs on the society as a whole and destroy the lives and career of innocent aspirant citizens, it stated.

Restoring the image and reputation of the MPSC rests on the conclusion of the CBI investigation and logical conclusion of the case as review petitions which are still pending.

It was also submitted that unlike other examinations like NEET, NET, JEE which are completed in one day with definitive annual academic sessions, MCSCCE Mains will stretch for weeks, requiring full days per subjects, requiring congregations of large number of aspirants in confined spaces thereby with a much higher risk exposure, considering the pandemic.

It is submitted that the petitioners and other successful candidates were subjected to stigmatization, particularly in the social media. As such, the Petitioners and other successful candidates desire that the fresh examinations even if it is to be held, may be conducted only when it is manifestly seen that the MPSC has undertaken all corrective measures as directed and observed by the Court, it added. 

The high court of Manipur quashed the 2016 MPSC main examination, directing the CBI to complete a probe of alleged irregularities while conducting MPSC 2016 examination within three months.

First Published:Sept. 6, 2020, 12:31 a.m.