Manipur High Court
G. Poufullung Kabui & 3 Ors vs Sumant Singh & 3 Ors on 10 March, 2026
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2026.03.10
VICTORIA 17:23:11 +05'30' Item Nos. 2-4
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CONT. CAS(C) No. 27 of 2026
G. Poufullung Kabui & 3 Ors.
...Petitioners
- Versus -
Sumant Singh & 3 Ors.
...Respondents
With
MC(WP(C)) No. 872 of 2025
WP(C) No. 942 of 2025
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
10-03-2026
[1] Present Mr. N. Ibotombi, learned senior counsel assisted by Ms.
Y. Jinita, learned counsel for the petitioners and Mr. Th. Sukumar, learned
Government Advocate for the respondents.
[2] The petitioner Nos. 1, 2 & 4 are Senior Residents and the
petitioner No. 3 is the Tutor/ Demonstrator in Jawaharlal Nehru Institute of
Medical Sciences (JNIMS). Mr. N. Ibotombi, learned senior counsel for the
petitioners, refers to the Time Scale Promotion (Regularly appointed Senior
Residents/Tutor/Demonstrator/Lady Medical Officer possessing Post
Graduate Degree) (1st Amendment) Rules, 2022 issued vide notification
dated 16-02-2022 whereby 4 PG seats in JNIMS are reserved for such
Senior Resident/Tutor/Demonstrator working in JNIMS for the years 2021-
2025. It is submitted that for the year, 2025, one seat each under
Anaesthesiology, Medicine, Paediatrics and Respiratory Medicine has been
earmarked for admission in PG for in-service candidates. However, the
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State Government issued a notification dated 06-11-2025 known as “The
Manipur Medical Postgraduate Seat Allotment Schemes, 2025” for the
distribution of PG seats in the State of Manipur. By the impugned notice
dated 24-11-2025 issued by the Convenor, State Level Medical PG
Counselling Committee, 2025 & Dean (Academics), JNIMS, Imphal, it is
stated that the selection of PG seats for Manipur will be considered on the
basis of “The Manipur Medical Postgraduate Seat Allotment Schemes,
2025”. Mr. N. Ibotombi, learned senior counsel for the petitioners, refers to
JNIMS Scheme of 2022 whereby the year, 2025 will be the final year for the
scheme and the scheme will not be effective after the year, 2025. Attention
of this Court is drawn to the new scheme of 2025 and it is submitted that the
JNIMS Scheme of 2022 is not repealed or superseded by the new scheme
of 2025. Mr. N. Ibotombi, learned senior counsel for the petitioner, refers to
the decision of this Court in the case of Dr. Ibetombi Kshetrimayum Vs.
State of Manipur & 3 Ors reported as 2025 Volume 2 Manipur Law
Journal 289 whereby this Court had upheld the validity of the scheme in
spite of the decision of the Supreme Court in the case of Dr. Tanvi Behl Vs.
Shrey Goel, reported as 2025 INSC 125 and this Court rejected that the
scheme has been superseded by the judgment of the Hon’ble Supreme
Court in Dr. Tanvi Behl case (supra). In that judgment, the learned
Advocate General has retracted the stand of the State and agreed with the
view of this Court that Dr. Tanvi Behl case (supra) does not abrogate the
JNIMS Scheme of 2022. The judgment has been upheld by the Division
Bench and the SLP has been dismissed by the Hon’ble Supreme Court. Mr.
N. Ibotombi, learned senior counsel for the petitioners, submits that by not
considering the JNIMS Scheme of 2022, the rules framed under Article 309
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of the Constitution and the statutory right of the petitioners of availing JNIMS
Scheme under JNIMS sponsored candidates have been effected and it is
stated that the notice dated 24-11-2025 excludes the JNIMS Scheme of
2022 thereby depriving the petitioners of their 4 seats earmarked for the
year, 2025 under the JNIMS scheme.
[3] On 28-11-2025, this Court passed an interim order directing 4
seats for the year, 2025 for PG in JNIMS be reserved for consideration of
the persons for JNIMS Scheme of 2022 subject to the outcome of the writ
petition. The relevant portion of the said order dated 28-11-2025 is
reproduced below:–
“[5] In the circumstances, list these cases on 02-12-2025.
However, 4 seats for the year, 2025 for PG in JNIMS be reserved for
consideration of the persons for JNIMS Scheme of 2022 subject to
the outcome of the writ petition.”
[4] In terms of the interim order dated 28-11-2025, vide letter dated
01-12-2025, Director of Medical Education, Government of Manipur
reserved 4 seats in the names of the 4 petitioners for the subjects, i.e.
General Medicine, Pathology, Paediatrics and Respiratory Medicine. A letter
dated 01-12-2025 is reproduced below:–
“DIRECTORATE OF MEDICAL EDUCATION
Government of Manipur
——–
No. DME/5/1/2025 Imphal, the 1st December, 2025
To
1. Director, JNIMS.
2. Dean (Academics), JNIMS.
(Convenor PG NEET Counselling Committee)
Subject: Permission to comply with Hon’ble High Court Court’s order
dated 28/11/2025 passed in WP(C) No. 942 of 2025.
Madam,
With reference to your letter No. JNIMS/Acaddemics-Page 3 of 5
3(68)PG/Counselling/2025 (Pt.I) dated 29/11/2025, I am to convey that
Government of Manipur, Health Department has conveyed the approval to
reserve 4 (four) seats for the petitioners, namely
i) Dr. G. Poufullung Kabui – Department of medicine
ii) Dr. Kh. Tonny Singh – Department of Pathology`
iii) Dr. Khollung Longmei – Department of Paediatrics
iv) Dr. Md. Firoz Khan – Department of Respiratory medicine.
The reservation of the seats is in compliance of the Hon’ble High
Court’s order. The allotment of the seats will be subject to the outcome of the
WP(C) No. 942 of 2025 and also it will be subject to the qualification of the
petitioner in PG NEET.
This is issued with the approval of the competent authority.
Yours faithfully,
Sd/-
(Somorjit Salam)
Director of Medical Educaiton,
Government of Manipur”
[5] Thereafter, this Court sought clarification from the Director,
JNIMS, Imphal as to whether availability of any other persons apart from the
4 petitioners in respect to the 4 subjects and vide letter dated nil February,
2026, the Director of JNIMS informed the learned Government Advocate for
the High Court of Manipur that no other candidates are available for the 4
reserved seats. In the circumstances, vide order dated 23-02-2026, this
Court permitted the 4 writ petitioners to participate in the counselling for the
stray round for the 4 subjects under JNIMS Scheme of 2022 and the
participation of the petitioners in the counselling fixed on 23-02-2026 for the
State quota in PG course in JNIMS and the admission will be subject to the
outcome of the writ petition. It is an admitted fact that on 23-02-2026, stray
round counselling for the State seat was held. However, due to difference in
the schedule of the stray round counselling and intimation of the order of this
Court dated 23-02-2026, counselling for the 4 petitioners could not be
conducted on that date. It is also an admitted fact that the 4 seats in terms
of the interim order dated 28-11-2025, 4 seats for PG under JNIMS Scheme
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in the subjects, i.e. General Medicine, Pathology, Paediatrics andRespiratory Medicine are still kept apart from the State quota in terms of the
interim order. Thereafter, the petitioners also filed CONT. CAS(C) No. 27 of
2026 for non-compliance/violation of the order dated 23-02-2026 passed by
this Court in MC(WP(C)) No. 133 of 2026.
[6] Mr. Th. Sukumar, learned Government Advocate for the
respondents, submits that the State Government cannot fix the date for
counselling without intimation from the National Medical Commission.
Learned Government Advocate prays for two more weeks’ time for filing
counter affidavit.
[7] This Court is of the view that instead of issuing notice in the
contempt petition, at this stage, it would be appropriate for the petitioners to
participate in the counselling and if selected, they may be admitted subject
to the outcome of the writ petition. Therefore, the respondents are directed
to conduct counselling for the 4 seats reserved in terms of the order dated
18-02-2026 and order dated 23-02-2026 on 13-03-2026.
[8] List these cases on 30-03-2026 in the admission column.
[9] This Court has not expressed any opinion on the merit of the case.
[10] Furnish a copy of this order to the learned counsel appearing for
the parties in the course of the day by Whatsapp or any other available
modes.
JUDGE
Victoria
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