Manipur High Court
Dr. Ningombam Minita Devi vs The Jawaharlal Nehru Institute Of ... on 13 May, 2021
Item No.2
Yumk Digitally signed
by Yumkham (through video-conference)
Rother
ham Date:
2021.05.13
Writ Appeal No. 31 of 2021
Rother 17:33:04
+05'30'
Ref:- M.C (W.P (C)).No.7 of 2021 in
W.P(C).No.231 of 2020
Dr. Ningombam Minita Devi, aged about 50 yrs.,
w/o Ch.Jayanta Singh, presently working and functioning
as Statistician-cum-Assistant Professor of Department of Community
Medical, JNIMS, Porompat, and a resident of Soibam Leikai,
Ayangpalli Road, P.O. & P.S. Porompat, Imphal East-795005, Manipur.
..... Appellant
- Versus -
1. The Jawaharlal Nehru Institute of Medical Sciences (JNIMS),
represented by its Director at JNIMS,
Porompat, Imphal East, Manipur.
2. Dr. Nirendrakumar Singh, aged about 51 years,
S/o. H.Angousana Singh of Thangmeiband Leiranhanjaba
Leikai, P.O. Lamphel and P.S. Imphal, Imphal West District, Manipur.
..... Respondents
For the Appellant :: Mr.N.Umakanta, Advocate
For Respondent No.1 :: Mr.S.Nepolean, GA
For Respondents No.2 :: Mr.H.S.Paonam, Senior Advocate
Date of Order :: 13.05.2021
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
AND
HON'BLE MR.JUSTICE KH.NOBIN SINGH
The CJ (Oral):
[1] Heard Mr.N.Umakanta, learned counsel for the appellant,
Mr.S.Nepolean, learned Government Advocate, appearing for respondent No.1, and
Mr.H.S.Paonam, learned senior counsel, appearing for respondent No.2.
WA No.31 of 2021 Page 1
[2] The appellant is not a party to W.P(C) No.231 of 2020 from which the
present appeal arises. However, she is the petitioner in W.P(C) No. 638 of 2017.
Therein, by order dated 11.09.2017, a learned Judge of this Court had directed that
the result of the DPC, if held, should not be declared without the leave of this Court.
It appears that the DPC was thereafter held on 15.09.2017. While so, W.P(C) No.
231 of 2020 came to be filed by the second respondent herein and by order dated
18.05.2020 passed therein, a learned Judge of this Court directed that the posts of
Associate Professor and Professor in the first respondent Institute, under the
Timescale Promotion Scheme, should not be filled up. The first respondent Institute
thereupon filed an application, in M.C.(W.P(C)) No.7 of 2021 in W.P(C) No. 231 of
2020, stating that the result of the DPC held on 15.09.2017 for promotion to the post
of Assistant Professor in the Department of Community Medicine was kept in a sealed
cover, because of the interim order dated 11.09.2017 passed W.P(C) No. 638 of
2017, due to which the inter se seniority in the cadres of Assistant Professor and
Associate Professor in all departments of the first respondent Institute could not be
completed and as such, the process for promotion under the Timescale Promotion
Scheme Rules, 2020, could not be initiated. The first respondent Institute accordingly
prayed that it may be permitted to declare the result of the aforesaid DPC as and
when the judgment in W.P(C) No. 638 of 2017 was pronounced or it may be permitted
to declare the result of the DPC, subject to the outcome of W.P(C) No. 638 of 2017.
[3] By the order under appeal dated 22.04.2021, the learned Judge
disposed of the said miscellaneous case, modifying the interim order dated
11.09.2017 passed in W.P(C) No. 638 of 2017 and allowing the first respondent
Institute to declare the result of the DPC held on 15.09.2017, subject to the outcome
WA No.31 of 2021 Page 2
of W.P(C) No.638 of 2017. Aggrieved thereby, the petitioner in the said writ petition
preferred this appeal, upon being granted leave to do so.
[4] Significantly, W.P(C) No. 638 of 2017 was already reserved for
judgment and no separate application was filed therein seeking modification of the
interim order passed therein as long back as on 11.09.2017, even before the DPC
was held. In effect, the interim order passed in the said writ petition filed by the
appellant was modified behind her back and without notice to her. The order under
appeal was therefore passed in violation of due procedure and also the principles of
natural justice, as the appellant could not have been divested of the protection of the
interim order secured by her long ago without even being given an opportunity of
being heard. On this short ground, the order under appeal is set aside. M.C.(W.P(C))
No. 7 of 2021 in W.P(C) No. 231 of 2020 is restored to the file for consideration afresh
on its own merits.
[5] The writ appeal is allowed to the extent indicated above.
No order as to costs.
JUDGE CHIEF JUSTICE
Opendro
WA No.31 of 2021 Page 3
