M. Imtila Jamir, RCS (Retd.), Aoyimkum, Dimapur, Nagaland
[dropcap]A[/dropcap] very formidable outcry from some section of the public, well orchestrated and effectively (stage)-managed was witnessed recently. Tactical strategies, logistic mobilization carried out with finesse in an efficient time frame. With the unfolding of the drama it emerged there were a few, behind the scene/on the side, key role-players capitalizing on the brouhaha. Every intent volitional or otherwise, to accuse, judge, condemn and crucify individual(s) were administered to the utmost, perhaps to an unprecedented level. All such are seen to have achieved smoothly through a severe media trial built up to quite hysterical proportions. It was arbitrary to an obvious point, as we are made to understand that no attempt at all was made by those quarters to ascertain the facts and documentary records on “recommendation of non-eligible candidate”, “power-abuse” among other alleged extreme wrong-doings, from the Horticulture department or others concerned before going public crying foul. In their wisdom or choice whatever, it was deemed fit to project and advocate a one-sided absolute stance with no room of consideration for any other possible factors that could be prevalent in any given situation(s). And all these indeed in the ‘fight’ for “justice” and “fairness”!
If at all some harps as much on “fairness”, it is perceived only ‘fair’ and in the order of things that the family of Imnatemsu Imchen divulge to the larger public actual facts on the other related facets of the matter of NEC reserved quota. Following are the hard facts as established from documentary information available in public domain and relevant sources concerned:-
1. As acknowledged by all the involved agitating parties, the State Govt. have not issued any Executive Order/Notification declaring Department of Technical Education, Nagaland as the sole nodal nominating authority for study of various technical courses inclusive of NEC quotas.2. The claim that the Govt. of Nagaland has notified to this effect vide a quoted letter dated 20.01.2011 is not correct. The said letter in question is No. DTE/TECH-A/18/2010 dated 20.01.2011 signed by the present incumbent as Director of Technical Education vide which a minutes of the State Common Selection Board meeting held on 10.12.2010 relating to Joint Entrance Examination (JEE) is seen to have been circulated to all Heads of Departments etc. but excluding NEC. As per meeting decision the recommendations of the Board was to be placed before the Cabinet for approval. However the matter was not placed before the Cabinet, hence no bona fide Notification of the State Govt. to that effect been issued. The so called letter dated 20.01.11 itself is doubtful as whether the present incumbent, who signed the letter in the capacity of Director at that point of time had been elevated to that position or not, only official records will testify.
3. A State Govt. Notification No. HE/MHRD/4-2/2006 dated 11.12.2013 issued by the Dept. of Higher & Technical Education states that, quote: “during 2014 there shall be no State JEE. Selection of students for State Reserved Seats in undergraduate Engineering & MBBS and allied courses will be on the basis of JEE (Main) and All India Pre-Medical Test (AIPMT) respectively to be conducted by the Central Board of Secondary Education (CBSE)” unquote. Copy of this Notification is found not endorsed to all Administrative Heads of Departments & Heads of Departments neither to the NEC.
4. The Director of Horticulture, Nagaland received from the North Eastern Council Secretariat their letter No. NEC/MPD/VI-3/2004/Vol-III dated 08.05.2014 addressed to the Director, Horticulture, Nagaland among others, intimating the allotment of a seat of B.Sc (Horticulture) four years’ course under NEC quota for the session 2014-15 at the Dr. Y.S. Parmar University of Horticulture & Forestry, Nauni, Solan, Himachal Pradesh. Of the reserved seats to the NEC, seats are normally allotted on rotation basis among the North Eastern States and thus for the session 2014-15 one seat in B.Sc (Horticulture) was allotted to the State of Nagaland.
5. The State Department of Horticulture conducted a screening process of the 4 (four) applications received for the said NEC seat on 19.05.2014. Based on the criteria of being the candidate with the highest percentage of 88.2, the Departmental Screening Committee recommended the name of Mr. Imnatemsu Imchen. Accordingly, his name was recommended to the NEC for consideration for nomination to the seat of B.Sc (Horticulture). Mr. Imnatemsu Imchen had been given admission by the said University on the basis of his nomination given by the NEC against their reserved quota vide their letter No. NEC/MPD/VI-3/2004/Vol. III dated 09.06.2014.
6. It is learnt that during the current year, nomination of candidates for undergoing B.Sc (Sericulture) and B.Sc (Fisheries) studies for the year 2014-15 have been called for under NEC reserved quota from the State Departments of Sericulture and Fisheries respectively. Candidates were accordingly nominated by the respective Departments through the NEC in the same manner and procedure observed by the State Horticulture Department as per prevalent norms followed for all NEC reserved seats/quota. As of till date there are several other Departments who deal with reserved seats/quota from time to time which are outside of the State reserved seats dealt with/handled by the Dept. of Technical Education.
7. It is deemed the normal procedure followed by the State Department of Technical Education is that, the Department will select candidates to/on the seats received from different Institutions for different courses on the basis of merit. That unless intimation about allotment/availability of the seats is received from the concerned Institutions/Authority no selection is made against a particular course in a particular Institution. The All India Pre-Medical Test (AIPMT) 2014 was conducted on 04th May 2014. It is presumed that the examination/test was conducted for undergoing various courses only for available seats reserved under State quota received/allotted from different Institutions. No examination/test could have been conducted for seats not made available. NEC’s letter intimating the Director of Horticulture, Nagaland about allotment of the reserved seat for B.Sc (Horticulture) is dated 08th May 2014. The AIPMT-2014 was already conducted much before NEC’s circulation of its intimation letter to all concerned NE States.
8. The Director of Technical Education, Nagaland vide his letter NO. DTE/TECH-A/17/2014/7292 dated 08.07.2014 nominated Miss. Watinaro A. Imsong “for Degree Course of Study on the basis of AIPMT” in Dr. Y.S. Parmar University of Horticulture & Forestry, Nauni, Solan, H.P. against a Seat Allotment NO. UHF/Regr. (Acad.) 4-29/2014/1389 dated 19.04.2014, stating that the “Category Merit Rank of the Candidate in AIPMT is 62”. And no mention is found made by the Director of Technical Education of having recommended her candidature to the NEC for the required nomination to the University, if at all her selection was against NEC reserved quota.
9. A subsequent letter NO. DTE/TECH-A/17/2014 dated Nil July 2014 was written by the Director of Technical Education addressed to the Assistant Registrar, Dr. Yashwant Singh Parmar University of Horticulture & Forestry, Nauni, Solan, Himachal Pradesh stating that Miss Watinaro A. Imsong was selected and nominated for admission into B.Sc. (Horticulture) as a State nominee against the seat allotted to the Govt. of Nagaland vide NO. NEC/MPD/VI-3/VOL. III dated 06th May, 2014 (repeat dated 06th May, 2014) by virtue of her merit rank at 62 in the AIPMT. It is pertinent to note here that in this particular letter the Director, Technical Education asserted – “the Govt. of Nagaland has identified the Director of Technical Education as the nodal department for selection and nomination of candidates for Medical and Allied and Engineering courses through conduct of competitive Examination since the last 10 (ten) or more years. This year during 2014 the State Govt. has decided to adopt the AIPMT as the basis for selection and nomination of candidates for admission into medical and allied courses.” This same letter categorically stated that, “It is now been reported that another candidate, MR. IMNATEMSU IMCHEN on recommendation by the Director, Horticulture Department has been given admission against the State reserved seat which is improper and against laid down norms of merit.” It further advised that, “therefore to request you to cancel the admission of MR. IMNATEMSU IMCHEN and admit MISS WATINARO A. IMSONG as the legitimate and authentic nominee for the State of Nagaland.”
10. As per norms, so far as the NEC quota seats are concerned, all the seats are to be nominated by the NEC, whereas the case of Miss Watinaro A. Imsong was done by the Director of Technical Education directly to the University without evidently routing through the NEC. In the two letters of Director of Technical Education mentioned at Para-8 & 9 above there are no references of NEC letter anywhere. In view of the two contrasting letters of the Director of Technical Education, Nagaland, confusion arose resulting the University to write their letter dated 25.07.2014 to the Director (E&M) & In-Charge HRD&E, NEC Secretariat for clarification leading to non-acceptance of the nomination of Miss Watinaro A. Imsong at the initial stage.
11. A perplexing point in the very matter of Miss Watinaro A. Imsong’s virtue of her merit rank of 62 in the AIPMT-2014 that is hard to fathom is the Directorate of Technical Education has published vide its Advt. NO. DTE/TECH-A/17/2014 dated 23.07.2014 that none of the bona fide candidates from Nagaland who had appeared in AIPMT-2014 could secure the minimum qualifying marks of 40% and that the Govt. of Nagaland has decided to conduct Nagaland State Pre-Medical Test (NSPMT) on the 09th August 2014 etc. While presuming that there could be genuinely acceptable grounds for slotting her merit rank at 62 in an All India examination notwithstanding the declared fact of none of the Naga students could qualify the same examination, in the absence of an open and transparent ready information in this regard, the matter however remains paradoxical.
12. Mr. Imnatemsu Imchen vacated on 18.08.2014 the NEC quota seat against which he was nominated by the NEC to accommodate Miss. Watinaro A. Imsong in the same seat as per her public demand. Yet Miss. Watinaro A. Imsong’s list of public demands being not only one but several, and in all likelihood, each and every of them must stand fulfilled, some impending matters wait still to be addressed. One: Any officer of the State Govt. practicing “Nepotism” to be punished as per the Service Rules/disciplinary action to be initiated against the Director of Horticulture for misusing her position. Two: The Writ Petition filed initially by Miss. Watinaro A. Imsong at the Gauhati High Court, Kohima Bench against the State of Nagaland represented by the Chief Secretary to the Govt. of Nagaland, the Director of Horticulture and Mr. Imnatemsu Imchen, the main respondents along with other pro-forma respondents. Of course the Director of Technical Education was not made a respondent. The Writ Petition in its first listing before the Court on 25.08.2014 was withdrawn by the deponent on “Technical Grounds” with a plea for re-filing it on a later date. Hence it is expected to do so by Miss. Watinaro A. Imsong at any time.