Manipur High Court
3 vs The State Of Manipur on 10 May, 2021
Yumk Digitally
signed by
[1]
ham Yumkham
Rother
Rothe Date:
2021.05.10 IN THE HIGH COURT OF MANIPUR
r 14:40:15
+05'30' AT IMPHAL
WP(C) No. 459 of 2019
1. Shri N. Herachandra Singh, aged about 59 years old, S/o
(Late) N. Kullachandra Singh of Naorem Village, P.S. &
P.O. Nambol, Imphal West District, Manipur - 795134.
2. Smt. W. Sobita Devi, aged about 59 years old, D/o W.
Ibohal Singh of Maibam, P.S. & P.O. Nambol, Imphal West
District, Manipur - 795134.
3. Md. Riyaj Uddin, aged about 58 years old, S/o Md. Asadula
of Keirak, P.O. & P.S. Kakching, Kakching District, Manipur
- 795103.
4. W. Chitra Devi, aged about 58 years old, D/o Gulamjat
Singh of Lamjao, P.O. & P.S. Kakching, Kakching District,
Manipur - 795103.
5. Y. Thabal Devi, aged about 58 years old, D/o Y. Irabot
Singh of Keishampat, P.O. & P.S. Imphal West, Imphal
West District, Manipur - 795001.
6. N. Indira Devi, aged about 57 years old, D/o N.
Herachandra Singh of Canchipur, P.O. & P.S. Singjamei,
Imphal West District, Manipur - 795008.
7. L. Bisheswori Devi, aged about 57 years old, D/o L.
Manikchand Singh of Yumnam Leikai, P.O. & P.S. Imphal,
Imphal West District, Manipur - 795001.
8. K. Mema Devi, aged about 57 years old, D/o K. Tanou
Singh of Keisham Leikai, P.O. & P.S. Imphal, Imphal West
District, Manipur - 795001.
9. Shri L. Ibotombi Singh, aged about 58 years old, S/o (L) L.
Maipak of Pishum Ningom Leirak, P.O. & P.S. Singjamei,
Imphal West District, Manipur - 795001.
10. W. Bimolini Devi, aged about 59 years old, D/o W.
Gulamjat Singh of Bamdiar, P.O. & P.S. Nambol, Imphal
West District, Manipur - 795134.
11. Md. Najir Ahamed, aged about 57 years old, S/o Md.
Manowar of Irong Makcha Leikai, P.O. & P.S. Mayang
Imphal, Imphal West District, Manipur - 795132.
12. Ngangbam Bheigyabati Devi, aged about 59 years old, D/o
(L) Ng. Tomba Singh of Leirongthel, P.O. & P.S. Porompat,
Imphal East District, Manipur - 795005.
WP(C) No. 459 of 2019 Contd.../-
[2]
13. Md. Abdul Karim, aged about 57 years old, S/o Md. Abdul
Hamid of Mayang Imphal Bangoon, P.O. & P.S. Mayang
Imphal, Imphal West District, Manipur - 795132.
14. Shila Begum, aged about 57 years old, D/o Md. Alimudin of
Mayang Imphal Bangoon, P.O. & P.S. Mayang Imphal,
Imphal West District, Manipur - 795132.
15. H. Ningthouren Singh, aged about 57 years old, S/o H.
Jatra Singh of Karang, P.O. & P.S. Moirang, Bishnupur
District, Manipur - 795133.
16. Minarjan Begum, aged about 57 years old, D/o Md. Abdul
Hei of Santhel, P.O. & P.S. Mayang Imphal, Imphal West
District, Manipur - 795132.
17. Md. Abdul Majid, aged about 57 years old, S/o Md.
Majibula of Bengoon, P.O. & P.S. Mayang Imphal, Imphal
West District, Manipur - 795132.
18. Sajida Begum, aged about 57 years old, D/o Md. Abdul
Hamid of Bengoon, P.O. & P.S. Mayang Imphal, Imphal
West District, Manipur - 795132.
19. M. Jamuna Devi, aged about 59 years old, D/o M. Abhiram
Singh of Wabagai, P.O. & P.S. Kakching, Kakching District,
Manipur - 795103.
20. Md. Wahidur Rahman, aged about 57 years old, S/o Md.
Abdul Hei of Santhel, P.O. & P.S. Mayang Imphal, Imphal
West District, Manipur - 795132.
21. Rashi Begum, aged about 57 years old, D/o MV. Hafijulia of
Sekmaijin, P.O. & P.S. Mayang Imphal, Imphal West
District, Manipur - 795132.
22. MV Hifjur Rahman, aged about 57 years old, S/o MV
Hafijulla of Hangul, P.O. & P.S. Mayang Imphal, Imphal
West District, Manipur - 795132.
23. Md. Firoze Khan, aged about 57 years old, S/o Md. Amir Ali
of Bengoon, P.O. & P.S. Mayang Imphal, Imphal West
District, Manipur - 795132.
24. O. Jibanmala Devi, aged about 57 years old, D/o O.
Kullachandra Singh of Uripok Naoremthong, P.O. & P.S.
Lamphel, Imphal West District, Manipur - 795004.
25. W. Memma Devi, aged about 58 years old, D/o W. Hera
Singh of Thangmeiband Kabrambam Leikai, P.O. & P.S.
Imphal, Imphal West District, Manipur - 795001.
26. P. Ibemcha Devi, aged about 60 years old, D/o P. Naran
Singh of Taothong, P.O. & P.S. Lamsang, Imphal West
District, Manipur - 795146.
WP(C) No. 459 of 2019 Contd.../-
[3]
27. I. Gita Devi, aged about 57 years old, D/o I.
Bashantakumar Singh of Patsoi, P.O. Langjing & P.S.
Patsoi District, 795113.
28. Th. Chandrashakhi Devi, aged about 57 years old, D/o Th.
Ibohal Singh of Uripok Naoremthong, P.O. & P.S. Lamphel,
Imphal West District, Manipur - 795004.
CHOWKIDARS
29. Md. Ayub Khan, aged about 57 years old, S/o Md. Abdul
Khalik of Mayang Imphal Bengoon, P.O. & P.S. Mayang
Imphal, Imphal West District, Manipur - 795132.
30. N. Kaoba Singh, aged about 57 years old, S/o N.
Chaomacha of Nambol Naorem Village, P.O. & P.S.
Nambol, Bishnupur District, 795134.
... Petitioner
-Versus-
1. The State of Manipur, represented by the Commissioner
(Education/S), Govt. of Manipur, Old Secretariat (South
Block), P.O. & P.S. Imphal West, Manipur - 795001.
2. The Director of Education (S), Manipur, having its office at
Directorate of Education (S) office Complex, Lamphelpat,
P.O. & P.S. Lamphel, Imphal West - 795004.
... Respondents
B E F O R E
HON'BLE MR. JUSTICE KH. NOBIN SINGH
For the petitioner ∷ Shri N. Jotendro, Sr. Advocate
For the respondents ∷ Shri Th. Vashum, GA
Date of Hearing ∷ 28-04-2021
Date of Judgment & Order ∷ 10-05-2021
JUDGMENT AND ORDER
[1] Heard Shri N. Jotendro, learned Sr. Advocate appearing for
the petitioners and Shri Th. Vashum, learned Government Advocate
appearing for the respondents.
[2] By the instant writ petition, the petitioners have prayed for
WP(C) No. 459 of 2019 Contd.../-
[4]
issuing a writ of mandamus or any other appropriate writ to direct the
respondents to declare the result of the Screening Committee Meeting
held on 28-03-2017 as per the direction of this Court passed in WP(C)
No.372 of 2015.
[3.1] According to the petitioners, they are the un-approved
teachers and chowkidars of the Government Aided Private Schools.
[3.2] In the year 1978, the Government of Manipur took over 682
Aided Primary Schools by converting them into Government Schools vide
order dated 13-04-1978. While taking over the said Schools, only an
approved teachers and chowkidars were allowed to be absorbed as the
Government employees. In the process of taking over, the services of
those un-approved teachers and chowkidars were left out which prompted
them to approach the authority but to no effect.
[3.3] When the Government of Manipur neglected for a long time
the claims of the petitioners, they through their association filed a writ
petition being CR No.73 of 1982 and thereafter, they also filed a writ
petition being WP(C) No.372 of 2015 which was finally disposed of on 22-
07-2016 by this Court directing the respondents to re-consider their
cases. In compliance with the order dated 22-07-2016, the Deputy
Secretary, Education (S), Government of Manipur vide its letter dated 21-
09-2016 requested the Director of Education/S to constitute a Screening
Committee so that the cases of the petitioners could be considered for
absorption.
WP(C) No. 459 of 2019 Contd.../-
[5]
[3.4] About ten persons who claimed to be similarly situated with
the petitioners, filed a writ petition being WP(C) No.793 of 2016 which
was disposed of with the direction that the respondents should consider
their cases.
[3.5] The meeting of the Screening Committee was held on 28-
03-2017 for consideration for absorption of the petitioners as regular
employees but the result thereof was not declared at all. The petitioners
approached the authorities for declaration of the result of the Screening
Committee by submitting a representation dated 13-12-2018 but the
same was not considered with the result that the petitioner filed a writ
petition being WP(C) No.1200 of 2018 which was disposed of with the
direction to consider and dispose of their representation dated 13-12-
2018. The Deputy Secretary, Education (S), Government of Manipur vide
its letter dated 14-2-2019 directed the Director of Education (S), Manipur
to expedite the matter. Since the direction of this Court was not complied
with, a contempt case being Contempt Case No. 34 of 2019 was filed
which was disposed of on the basis of the Government's order dated 28-
03-2019 furnished to their counsel which was produced before the Court.
However, the order dated 28-03-2019 was not a complete compliance
with the Court's order but it was an eye-wash to this Court for buying
valuable time of the petitioners. Being aggrieved by the inaction on the
part of the respondents, the instant writ petition has been filed by the
petitioners.
WP(C) No. 459 of 2019 Contd.../-
[6]
[4] In the affidavit filed on behalf of the respondents, it was not
denied that the Screening Committee was constituted vide order dated
15-11-2016 to consider the cases of the petitioners. All that have been
stated therein, are that before the Screening Committee could complete
its proceedings, all the members including the Chairman had been
transferred out from the Department. Therefore, it was felt necessary to
reconstitute another Screening Committee in order to reconsider the
cases of the petitioners. It has further been stated that the Directorate of
Education (S), Manipur issued a speaking order dated 28-03-2019
disposing of the representation dated 13-12-2018.
[5] Denying the averments made in the affidavit filed on behalf of
the respondents, it has been stated by the petitioners in their rejoinder
affidavit that the order dated 28-03-2019 issued by the Directorate of
Education (S), Manipur could not be said to have been issued in
compliance with this Court's order dated 21-12-2018 and it was nothing
but a request made to its higher authorities. It has also been stated that
the Screening Committee held its last meeting on 28-03-2017 at the
chamber of the then Director of Education(S), Manipur wherein the cases
of the petitioners had been considered by examining the identity proofs,
educational certificates and other relevant documents as is evident from
the draft proceedings filed along with the writ petition as Annexure-A/4.
According to the petitioners, there is no need of re-screening the
documents of the petitioners, when it has already been done and only the
result thereof is required to be declared at the earliest possible.
WP(C) No. 459 of 2019 Contd.../-
[7]
[6] It is not in dispute that the petitioners are unapproved teachers
and chowkidars of some of the Government Aided Private Schools. They
approached this Court by way of WP(C) No.372 of 2015 wherein the
stand of the State Government was that since they had been considered,
there was no need of further considering them and in response thereto, it
was submitted on behalf of the petitioners that similarly situated persons
had been considered vide order dated 16-12-1988 of the State
Government. This Court passed the order dated 22-07-2016 directing the
respondents to consider the cases of the petitioners in terms of the order
dated 16-12-1988. In order to comply with the said Court's order dated
22-07-2016, the Under Secretary, Education(S), Government of Manipur
vide its letter dated 21-09-2016 requested the Director of Education(S),
Manipur to constitute a Screening Committee which was duly constituted.
The Screening Committee appears to have held its meeting on 28-03-
2017 as is evident from the unsigned proceeding filed therewith as
Annexure-A/4 and examined the petitioners along with their relevant
documents. It further appears that the said proceedings of the Screeining
Committee could not be finalized on account of the transfer of the
members including the Chairman, because of which two of the petitioners
submitted their representations dated 13-12-2018 to the Director of
Education(S), Manipur for taking up necessary action for declaration of
the result of the meeting of the Screening Committee. Being aggrieved by
the inaction on the part of the respondents, WP(C) No.1200 of 2018
came to be filed by said two persons who submitted the said
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[8]
representations, which were disposed of by this Court on 21-12-2018
directing the respondents to consider and dispose of the said
representations. As this Court's order dated 21-12-2018 was not
complied with, a contempt case No.34 of 2019 was filed and while the
contempt was being considered, a copy of the order dated 28-03-2019
issued by the Director of Education(S), Manipur was produced before this
Court and accordingly, the contempt case stood closed by this Court.
[7] The Government order dated 28-03-2019 is reproduced herein
below:
GOVERNMENT OF MANIPUR
DIRECTORATE OF EDUCATION(S)
ORDERS
Imphal, the 28th March, 2019
No.2,388/2018-ED(S): Whereas Shri Herachandra Singh & Anr filed a
Writ Petition being W.P(C) No.1200 of 2018 before the Hon'ble High
Court of Manipur, which was disposed of on the 21st December, 2018
directing the respondent No.2 to consider and dispose of both the
representations both dated 13.12.2018 by a speaking order within a
period of 2 months from the date of receipt of a copy of the order of this
Court.
2. And, whereas both the representations dated 13.12.2018 as
referred to the above order of the Hon'ble Court as annexed to the writ
petition as ANNEXURE-A/5 (Series) were of the request for declaration of
the result of the Screening Committee held on 28th March, 2017.
3. And, in compliance with the order dated 22-07-2016 and 28-
07-2016 of the Hon'ble High Court passed in W.P (C) No.372 of 2015 and
WP(C) No. 459 of 2019 Contd.../-
[9]
in pursuance of the approval of the Government conveyed under letter
No.12(HC)/76/2015-SE(S) dated 21st September, 2016, the said
Screening Committee was constituted vide this Office Order
No.46/17/2014-ED(G) dated 15/11/2016 in order to reconsider the case
of the petitioners only in terms of the Government order being
No.14/5/77-SE(S) pt. dated 16th December, 1988. However, the said
Screening Committee could not conclude their findings since the 3 (three)
members including the Chairman had been transferred out from the
Department.
4. And, whereas in consideration of compelling situation as
stated hereinabove, it was felt necessary and appropriate for
reconsideration of another Screening Committee in order to reconsider
the case of the petitioners, for which approval of the Government being
sought.
5. Now, therefore, after due consideration of the aforementioned
representations dated 13-12-2018 enclosed as ANNEXURE-A/5 (Series)
to the writ petition scrupulously, both the representations dated
13.12.2018 are disposed of to the effect that the prayers made in the said
representations shall be considered on immediate receipt of the approval
of the Government to the findings of the Screening Committee to be
reconstituted with the approval of the Government.
This is issued in compliance with the order dated the 21 st
December, 2018 of the Hon'ble High Court passed in the W.P (C)
No.1200 of 2-018.
(W. Manglemnganba)
Director of Education(S)
On perusal of the above order, there are two points which
can be noted by this Court-one, the Screening Committee could not
WP(C) No. 459 of 2019 Contd.../-
[10]
conclude their findings/ proceedings, as their members including the
Chairman had been transferred out from the Department and two, it was
felt necessary and appropriate for reconstitution of another Screening
Committee in order to reconsider the case of the petitioners with the
approval of the Government. While disposing of the representations, it
was stated that the prayers made therein would be considered on
immediate receipt of the approval of the Government to the findings of the
Screening Committee to be reconstituted with the approval of the
Government. Even after a lapse of more than two years from the date of
issuing the order dated 28-03-2019, the State Government appears to
have not reconstituted the Screening Committee. The reconstitution of a
Screening Committee is a must and is indispensable for the reason that
this Court's order dated 22-07-2016 had not been effectively complied
with by the respondents. The direction as contained in this Court's order
dated 22-07-2016, is that the respondents shall consider the case of the
petitioners in terms of the Government order dated 16-12-1988 within a
period of three months from the date of receipt of a copy of the said order
and it remains un-complied with and un-implemented by the respondents
even after a lapse of more than four years which is unfortunate. It may be
noted that in the Constitution of India, the High Court is conferred with
wide discretionary power and jurisdiction to decide an issue which is
brought before it and once the High Court decides such an issue by
passing an appropriate order/ judgment, it ought to be complied with by
all concerned, if it is not quashed and set aside in an appeal being
WP(C) No. 459 of 2019 Contd.../-
[11]
preferred against it. In the present case, no material has been brought on
record by either of the parties to show that the order dated 22-07-2016
passed by this Court has been quashed and set aside by the appellate
forum.
[8] In view of the above, the instant writ petition stands disposed
of with the direction that the respondents and in particular, the Director of
Education(S), Manipur shall reconstitute a Screening Committee to
consider the case of the petitioners as directed by this Court in its earlier
orders including the order dated 22-07-2016, within a period of one month
from the date of receipt of a copy of this judgment and order and shall
take appropriate action/ decision immediately thereafter in accordance
with law.
JUDGE
FR / NFR
Victoria
WP(C) No. 459 of 2019 Contd.../-
