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Judgment
We have heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. S. Chakravarty, learned counsel representing the petitioners. Also heard Mr. D. Das, learned Advocate General, assisted by Mr. A. Kalita, learned Additional Advocate General representing the State of Mizoram, Mr. U.K. Nair, learned senior counsel, assisted by Mr. A. Boro, learned counsel representing the respondent Nos. 3 to 7 in WP(C) No. 285/2022, Mr. K. Gogoi, learned Central Government Counsel representing the respondent No. 8 in WP(C) No. 285/2022 and Mr. J.C. Lalnunsanga, learned counsel representing the applicants in I.A.(Civil) Nos. 468/2023, 469/2023, 1295/2023 & 1297/2023.
PIL No. 44 of 2022 has been filed by the Mizoram Chakma Students Union challenging the validity of the Notification dated 31-05-2021, issued by the Commissioner and Secretary to the Government of Mizoram notifying the Mizoram (Selection of Candidates for Higher Technical Courses) (Amendment) Rules, 2021 as being violative of Articles 14, 15, 16(4) and 21 of the Constitution of India on the ground that 93% of the seats have been reserved for the permanent residents of Mizoram, under category-I, i.e., only Zo ethnic tribe or the majority Mizos, whereas only 1% of the seats have been reserved for ‘Children of other local permanent Scheduled Tribe (ST) (Non-Mizo) residents of the State of Mizoram’, who are placed under category-II. The further ground is that the Notification dated 31-05-2021, places additional requirement for the candidates falling under the Category-II and III, viz, they should have passed Classes-XI and XII from any school within the Mizoram State, recognized by the Government of Mizoram, whereas no such requirement has been placed for those falling under Category-I, i.e., Mizos.
WP(C) No. 285 of 2022 is also filed challenging the same Notification dated 31-05-2021, by candidates who have qualified the National Eligibility-cum-Entrance Test (NEET) 2021 and belong to the Chakma Community, who fall under the Category-II of the Notification dated 31-05-2021 and have studied Class-XI and XII outside the State of Mizoram and were made ineligible to submit their ‘NEET 2021 Report form for Mizoram Quota’ for applying under Mizoram State Quota Seats.
I.A. (Civil) No. 2833 of 2022 is filed by the Mizoram Chakma Students Union praying for interim order or direction to permit the students of the Chakma Community, who have qualified the National Eligibility-cum-Entrance Test (NEET) 2021 to participate in the counselling process in respect of NEET 2022.
I.A. (Civil) No. 468 of 2023 has been filed by the applicant, namely, Isaac Vanlaltlana for impleadment/intervention of the applicant as respondent No. 3 in PIL No. 44/2022.
I.A. (Civil) No. 469 of 2023 is filed by the applicant, namely, Isaac Vanlaltlana praying for a direction for vacation or modification of the interim order dated 06-01-2023, passed in PIL No. 44/2022, on the ground that he has scored more marks.
I.A. (Civil) No. 1295 of 2023 has been filed by the applicant, namely, Mr. C. Lalruatmawia praying for a direction for vacation or modification of the interim order dated 06-01-2023, passed in PIL No. 44/2022.
I.A. (Civil) No. 1297 of 2023 has been filed by the applicant, namely, Mr. C. Lalruatmawia for impleadment/intervention of the applicant as respondent No. 4 in PIL No. 44/2022.
I.A. (Civil) No. 2508 of 2022 has been filed by the applicants praying to permit the applicants to provisionally participate in the counselling for NEET 2022.
Cont. Cas(C) No. 38 of 2022 is filed by the petitioners in WP(C) No. 285/2022, alleging wilful disobedience of the order dated 11-01-2022, passed by this Court in WP(C) No. 285/2022.
The learned senior counsel for the petitioner submits that the impugned Notification dated 31-05-2021 has been issued in blatant and direct violation of the judgment and order dated 22-02-2019 of this Court passed in PIL No. 46 of 2016, which has already been upheld by the Hon’ble Supreme Court. He also submits that by the impugned Notification dated 31-05-2021, the State of Mizoram is illegally trying to create a sub-classification or micro classification of the Scheduled Tribe, which is in violation of Article 14 of the Constitution of India. He, therefore, places reliance in the case of E.V. Chinnaiah vs. The State of Andhra Pradesh & Ors., reported in (2005) 1 SCC 394.
However, Mr. Das, learned Advocate General Mizoram has drawn the attention of this Court to the case of State of Punjab and others vs. Davinder Singh and others, reported in (2020) 8 SCC 1, by which the Constitution Bench has deferred with the view taken in E.V. Chinnaiah (supra) by holding that it is permissible for the State to identify and confer benefits to certain persons on the basis of socio and economic disparity.
In that view of the matter, we are of the considered opinion, at this stage, that the present PIL as well as the writ petition can be disposed of by directing that the parties will be bound by the decision rendered by the larger Bench of the Hon’ble Supreme Court of India, whereof reference is made in the case of Davinder Singh (supra).
We, however, make it clear that the petitioners can approach this Court on the same and subsequent cause of actions if the needs so arises after the decision of the larger Bench of the Hon’ble Supreme Court.
The interim order passed by this Court on the basis of which the petitioners have been given provisional admission is hereby made absolute without disturbing the admission of the private respondents in WP(C) No. 285 of 2022.
The connected interlocutory applications are accordingly disposed of and the contempt petition is closed.