Kuki Students Organisation Vs Staff Selection Commission through Its Secretary & Ors.

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IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14086/2024 & CM APPL. 58963/2024 KUKI STUDENTS ORGANISATION .....Petitioner

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Through: Mr. Advocate (Appearance not given)

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versus

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STAFF SELECTION COMMISSION THROUGH ITS SECRETARY & ORS. .....Respondents

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Through: Mr. Amit Tiwari, CGSC with Mr. Premtosh K. Mishra, Mr. Ayush Tanwar and Ms. Ayushi Srivastava, Advocates for SSC with Mr. Ashesh Chaudhary, Under Secretary, SSC, Northern Region.

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Mr. Pukhrambam Ramesh Kumar and Ms. Rajkumari Divyasana, Advs. for State of Manipur.

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R

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%

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15.01.2025

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The petitioner has filed the present petition, inter alia , praying that directions be issued to respondent no.1 to reinstate Churachandpur, Manipur as an examination venue for recruitment examinations conducted by respondent No.1 as scheduled in the present academic year and for the upcoming examinations in the forthcoming academic year(s).

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Respondent no.1 – Staff Selection Commission (SSC) has suspended holding examination in Churachandpur , Manipur on account of security concerns. The question essentially relates to whether the security concerns have been fully addressed to hold examinations in the said location. It is also submitted by SSC that it was keen to hold the examinations at the said centre but had refrained from doing so on account of security concerns. This

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:30:00

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court had noted the aforesaid contentions and had directed SSC to carry out an updated assessment and file a fresh status report

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We consider it apposite to reproduce the order dated 24.10.2024. The same reads as under:-

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“1. In pursuance to the order dated 16^th October, 2024, the counsel for Staff Selection Commission (SSC) has handed over a photocopy of the affidavit dated 23^rd October, 2024. In the said affidavit, it is averred as under:

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“….12. It is respectfully submitted that the security situation in the State of Manipur is both sensitive and fluid. However, the Answering Respondent is keen to hold examinations at Churachandpur and Ukhrul, as such, it should be prudent and in the fitness of things if core and updated assessments through focused meetings are held between the State Government and the Answering Respondent before reinstating examinations at Churachandpur and Ukhrul…….”

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Learned counsel for the petitioner and the State of Manipur assure and undertake to this Court that all cooperation shall be extended to the SSC team in holding examinations at Churachandpur. The statements made by learned counsel for the petitioner and the State of Manipur are taken on record.

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The SSC is directed to carry out an updated assessment and file a fresh status report on or before 08th January, 2025.

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List on 15th January, 2025.”

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The learned counsel for respondent no.1 states that the SSC has now sent a communication to the State of Manipur dated 10.12.2024 seeking an assurance for assessing the security concerns. Copy of the said letter has been handed over today in court. The same is reproduced below:-

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“To

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The Chief Secretary, Government of Manipur, Manipur Secretariat, Imphal West, Manipur 795001 Subject: Feasibility of conducting examinations of Staff Selection Commission (SSC) at Churachandpur & Ukhrul (in the matter of WP(C) No. 14086/2024 filed by Kuki Students Organization Vs SSC & Others in Delhi High Court) -

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:30:00

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regarding.

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Sir,

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In pursuance of Hon'ble High Court, Delhi's order dated 24.10.2024 in WP(C) No. 14086/2024 filed by Kuki Students Organization Vs SSC & Others (copy enclosed), the Commission is in the process of assessing feasibility of conducting examinations at Churachandpur & Ukhrul Centres.

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In this regard, a secure and conducive environment for the examination functionaries is a primary necessity to enable them to conduct examinations freely and impartially. Therefore, the safety and security of these personnel is of utmost importance. The Service Provider of the Commission (M/s TCS) had earlier requested for protection under the security forces during their stay in Churachandpur & Ukhrul.

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It is pertinent to mention here that the upcoming examinations of the Commission are Combined Graduate Level Examination, 2024 (Tier-II) from 18th to 20th January, 2025 and Constable (GD) Examination, 2025 from 4th to 25th February, 2025.

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Therefore, in view of the upcoming examinations mentioned at Para 3 above and in light of Hon'ble Delhi High Court's direction dated 24.10.2024 mentioned at Para 1 above, it is requested that a fresh assessment report on prevailing ground situation at Churachandpur & Ukhrul may be provided at the earliest to determine the feasibility of conducting examinations of SSC at these centres and for submission to Hon'ble Delhi High Court.

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Yours faithfully,

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Encl: As above

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(Bhakti Prasad Sonowal) Regional Director Tel: 8826788504

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Copy to:

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Controller-of-Examination, Staff Selection Commission (HQ), Block No. 12, CGO Complex, Lodhi Road, New Delhi-110003.”

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The learned counsel appearing for State of Manipur also states that the State has already sent its communication to the SSC regarding the security assessment.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:30:00

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The learned counsel appearing for the petitioner has also filed an additional affidavit dated 13.01.2025 by the General Secretary, Kuki Inpi Delhi & NCR, inter alia , affirming as under:-.

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“3. I am authorised to state that the Kuki Inpi Manipur, and all other tribal bodies and authority structures in the control of and/or collaboration with the Kuki Inpi Manipur have time and again expressed their cooperation and willingness to ensure the smooth conduct of all competitive and recruitment related examinations conducted by the Centre and State Government in the hill districts of Manipur, including in Churachandpur district. Accordingly, one such statement dated 26.10.2023 issued by various Kuki tribal bodies in Manipur, that was issued to local administration and in public interest, is annexed herewith and marked as Document-2.”

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In view of the above, we consider it opposite to direct SSC to consider the affidavit as well as the assessment report that is stated to have been furnished to SSC and take an informed decision regarding holding of the examination in the district in question. It is further directed that if the SSC is of the view that the examinations cannot be held in the given centre, it would ensure that an alternative arrangement is made and information regarding the same is disseminated well in time.

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In our view, no further orders are required to be passed in this petition.

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In view of above, the petition is closed. Pending application also stands disposed of.

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VIBHU BAKHRU, ACJ

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TUSHAR RAO GEDELA, J

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JANUARY 15, 2025/ Ms/kct

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Click here to check corrigendum, if any

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:30:00

Kuki Students Organisation v. Staff Selection Commission through Its Secretary & Ors.

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Kuki Students Organisation v. Staff Selection Commission through Its Secretary & Ors.

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