delhihighcourt

ZOMI STUDENTS FEDERATION vs UNION PUBLIC SERVICE COMMISSION & ORS.

$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3805/2024
ZOMI STUDENTS FEDERATION ….. Petitioner
Through: Mohd. Nizamuddin Pasha (Through VC) with Mr. Sidharth Kaushik, Mr. John Simte, Ms. Aaayushi Mishra and Mr. Rum Hang Thang Shoute, Advocates.
versus
UNION PUBLIC SERVICE COMMISSION & ORS…… Respondents
Through: Mr. Ravinder Agarwal and Mr. Lekh Raj Singh, Advocates for R-1/UPSC Mr. Apoorv Kurup, CGSC with Mr. Gurjas Singh Narual, Ms. Nidhi Mittal, Mr. Akhil Hasija, Ms. Gauri Goburdhan and Ms. Aanchal Dubey, Advocates for R-2/UOI Mr. Pukhrambam Ramesh Kumar with Mr. Piyush Beriwal and Mr. Nikhil Kumar Chaubey, Advocates for R-3/State of Manipur.
% Date of Decision: 28th March, 2024
CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT

MANMOHAN, ACJ : (ORAL)
1. Present public interest petition has been filed seeking issuance of
directions to the Respondents to make adequate arrangements for tribal candidates from the hill districts in Manipur so as to enable them to take the Civil Services (Preliminary) Examination, 2024 and Indian Forest Service (Preliminary) Examination, 2024 (“CSE – Preliminary”). The Petitioner Federation also prays for issuance of directions to the Respondents to set up examination centres at Churachandpur and Kangpokpi in the hill districts of Manipur and reopening of application portal/correction window to enable the candidates to opt for a centre of their choice.

2.
After filing of the present public interest litigation, a number of orders had been passed by this Court.

3.
Today, the learned counsel for Respondent No. 1–UPSC (hereinafter referred to as the ‘Commission’) has handed over an affidavit dated 27th March, 2024. In the said affidavit, it is stated that as the Government of Manipur has expressed its inability to open examination centres at Churachandpur and Kangpokpi, districts of Manipur, it is not feasible for the Commission to open and operate examination venues at Churachandpur and Kongpokpi districts for the UPSC examination.

4.
It is also averred in the said affidavit that candidates from the hill districts of Manipur, who have presently opted for Imphal as their examination centre can choose any of the following Centres:­

i. Aizawal (Mizoram)
ii. Kohima (Nagaland)
iii. Shillong (Meghalaya)
iv.
Dispur (Assam)

v.
Jorhat (Assam)

vi. Kolkata (West Bengal)
vii. Delhi

5.
Learned counsel for the Commission states that in case these candidates of the hill district of Manipur opt for any other centre apart from those, which are noted above, their request shall be duly accommodated. He assures that the Commission will permit the candidates from the hill districts of Manipur, who have opted for Imphal as their examination centre to change their examination centre during the period 8th April, 2024 to 19th April, 2024 by making a request for change of examination centre at e-mail

I.D: “uscsp-upsc@nic.in”.
6.
He states that the Commission would be in a position to share the details (namely application number, registered mobile number, e-mail ID and address etc.) of candidates from the hill districts of Manipur, who have opted for Imphal as their centre of examination, with the State administration of Manipur, so as to facilitate them in providing transport facilities, etc. to the candidates from these districts. He also states that candidates from these districts can, in the event of any need, contact the Commission’s toll-free helpline number 1800118711.

7.
Learned counsel for the State of Manipur has handed over a photocopy of the letter dated 27th March, 2024 written to him by the Chief Secretary, Government of Manipur. The said letter reads as under:­

“No. H-1701/40/2024-HD-HD GOVERNMENT OF MANIPUR SECRETARIAT: HOME DEPARTMENT
To,
Shri Pukhrambam Rameshkumar,
Standing Counsel for the State of Manipur,
Supreme Court of India

Subject:-In the High Court of Delhi – W.P(c) No. 3805/2024 [Zomi Students Federation -vs-Union Public Service Commission & Ors.]
Sir, In inviting a reference to your email dated 22-03-2024 regarding communication of order dated 22-03-2024 passed by Hon’ble High Court of Delhi in the above referred Writ Petition, I am to intimate that State Government has considered the ground situation and decided to extend financial assistance in the form of re-imbursement of fare for conveyance from District Hqs. concerned to the examination center limited to the maximum of 2nd class sleeper railway fare rates or notified bus fare rate of the State, whichever is applicable and for fooding and accommodation @ Rs. 1000/-per day for 3 (three) days at the maximum.

2.
The State Government will also make arrangement for facilitating transportation within the district through Deputy Commissioner concerned. In other exceptional circumstances, matter will be considered on case to case basis.

3.
It is, therefore, requested to kindly take necessary action to appraise the

above before the Hon’ble Delhi High Court.
Yours faithfully,

(Dr. Vineet Joshi)
Chief Secretary,
Government of Manipur”

8. The statements/assurances/undertakings given by the learned counsel
for the Commission as well as by the State of Manipur are accepted by this
Court and they are held bound by the same.
9.
Recording the aforesaid undertakings/ statements/ assurances, the

present writ petition is disposed of.

10.
It is clarified that the Petitioner Federation shall be at liberty to

approach this Court for variation/ modification/ clarification of the present
order by filing an appropriate application.

ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J MARCH 28, 2024/rhc