The Manipur University ... vs Dr. Sarangthem Indira Devi
2021 Latest Caselaw 265 Mani

                                                                                   Page |1



SHAMURAIL   Digitally signed by
                                IN THE HIGH COURT OF MANIPUR
ATPAM       SHAMURAILATPA
                                          AT IMPHAL
            M SUSHIL SHARMA
SUSHIL      Date: 2021.11.10
SHARMA      17:20:26 +05'30'        MC(WP (C)) No. 14 of 2021
                                    Ref:- WP(C) No. 193 of 2020

                         1.    The Manipur University represented by the Vice-
                               Chancellor, M.U., Canchipur, P.O. Manipur
                               University, P.S. Singjamei, Imphal West District,
                               Manipur-795003.
                         2.    The Registrar, Manipur University, Canchipur,
                               P.O. Manipur University, PS Singjamei, Imphal
                               West District, Manipur-795003.

                                                                       ... Applicants


                                                 - Versus -

                         1.   Dr. Sarangthem Indira Devi, aged about 45 years,
                              D/o (L) S. Jogendra Singh, resident of House of
                              Handloom Products, Nagamapal RIMS Road, P.O.
                              & P.S. Imphal, Imphal West District, Manipur-
                              795001.
                                                                       ...... Respondent

2. Thiyam Ramsingh Singh, aged about 45 years, through the office of the Registrar, Manipur University, Canchipur, P.O. Manipur University, P.S. Singjamei, Imphal West District, Manipur- 795003.

... Proforma Respondent

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 Page |2

MC(WP (C)) No. 17 of 2021 Ref:- WP(C) No. 193 of 2020

1. Thiyam Ramsing Singh, aged about 45 years, through the office of the Registrar, Registrar, Manipur University, Canchipur, P.O. Manipur University, P.S. Singjamei, Imphal West District, Manipur-795003.

... Applicant

- Versus -

1. Dr. Sarangthem Indira Devi, aged about 45 years, D/o (L) S. Jogendra Singh, a resident of House of Handloom Product, Nagamapal RIMS Road, P.O. & P.S. Imphal, Imphal West District, Manipur-795001.

... Respondent

2. The Manipur University represented by the Vice Chancellor, M.U. Canchipur, P.O. Manipur University, P.S. Singjamei, Imphal West District, Manipur- 795003.

3. The Registrar, Manipur University, Canchipur, P.O.

Manipur University, P.S. Singjamei, Imphal West District, Manipur-795003.

... Official Respondents

B E F O R E HON'BLE MR. JUSTICE MV MURALIDARAN

For the Applicants :: Mr. BP Sahu, Sr. Advocate in MC(WP(C)) No. 14 of 2021;

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 Page |3

Mr. M. Gunedhor, Advocate in MC(WP(C)) No. 17 of 2021.

For the respondents :: Mrs. G. Pushpa, Advocate.

     Date of Hearing &
     Reserving Judgment &
     Order                          ::      26.10.2021.

     Date of Judgment & Order       ::      09.11.2021


                         JUDGMENT & ORDER
                              (CAV)

M.C.(WP(C)) No.14 of 2021 has been filed by the

applicants seeking to vacate the interim order dated 19.3.2020 passed

in W.P.(C) No.193 of 2020 so as to enable the applicants to appoint the

successful candidate to the post of Associate Professor in the

Department of Biotechnology, Manipur University (1-UR) under

Advertisement No.3/19 dated 27.5.2019.

2. M.C.(WP(C)) No.17 of 2021 has been filed by the

applicant - Thiyam Ramsing Singh seeking to vacate the same interim

order dated 19.3.2020 passed in W.P.(C) No.193 of 2020.

3. The applicants in M.C.(WP(C)) No.14 of 2021 are the

Vice-Chancellor and the Registrar of Manipur University. The first

respondent is the writ petitioner and the second respondent is the

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 Page |4

proforma respondent who is the applicant in M.C.(WP(C)) No.17 of

2021.

4. The case of Manipur University is that the writ petitioner filed the

writ petition with the prayer to nullify the list of candidates approved by

the Executive Council in its meeting held on 14.3.2020 for appointment

of the third respondent Thiya Ramsing Singh to the post of Associate

Professor (1-UR) in the Department of Biotechnology. When the writ

petition was listed on 19.3.2020 for admission, while issuing notice, this

Court passed an interim order not to give appointment to the third

respondent to the post of Associate Professor (1-UR) in the Department

of Biotechnology till the next returnable date and in view of the said

interim order, the appointment of the third respondent is being put on

hold.

5. The writ petitioner filed affidavit-in-opposition stating that any

appointment if to be issued in view of the impugned result, the writ

petitioner, who is a well qualified person for consideration of her

appointment to the post of Associate Professor (1-UR), Department of

Biotechnology, shall suffer an irreparable loss. It is stated that the writ

petitioner is more eligible than the third respondent. However, by way

of playing favoritism and nepotism the writ petitioner has been rejected

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 Page |5

by the inaction of the authority of Manipur University. It is also stated

that before filing W.P.(C) No.193 of 2020, the writ petitioner has also

filed W.P.(C) No.177 of 2020 challenging the final list of eligible

candidates for appointment to the post of Professor (1-UR), 2 post of

Associate Professor (1-UR, 1-SC) in the Department of Biotechnology

as the same was issued in violation of the UGC norms and Ordinance

19 of Manipur University. In W.P.(C) No.177 of 2020, this Court granted

an interim order on 6.3.2020 and despite proper communication of the

order dated 6.3.2020, the official respondents issued the Executive

Council decision dated 14.3.2020 under which the third respondent has

been selected to the post of Associate Professor (1-UR). The writ

petitioner having left with no alternative had approached this Court by

filing W.P.(C) No.193 of 2020 praying for staying the Executive

Council's decision dated 14.3.2020.

6. The case of the third respondent is that the list of

candidates approved by the Executive Council in its meeting held on

14.3.2020 for the appointment of the third respondent to the post of

Associate Professor (1-UR) in the Department of Biotechnology has

already been issued and based on the third respondent's overall

qualifications and credentials, he was selected as the best and suitable

candidate from all the other candidates. Since the appointment of the

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 Page |6

third respondent to the post of Associate Professor, Biotechnology

Department has been stayed, his right to be appointed as Associate

Professor in the Biotechnology Department has been infringed.

7. The learned counsel for the applicant Manipur University

submitted that since the result has been declared on 14.3.2020 for

appointment to the post of Associate Professor (1-UR) in the

Department of Biotechnology, the issuance of the appointment order to

the successful candidate namely the third respondent is necessary and

make the appointment accordingly so that academic career of the

students may not be affected as the teaching faculties of Biotechnology

Department are already in shortage of teachers.

8. The learned counsel further submitted that the interim

order of this Court dated 19.3.2020 is required to be vacated as the writ

petition has been filed by an ineligible candidate. In other words, the

writ petition has been filed by a deselected candidate for the interview.

9. Similarly, the learned counsel for the third respondent

submitted that the Executive Council approved the appointment of the

third respondent to the post of Associate Professor (1-UR) in the

Department of Biotechnology and based on the qualifications

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 Page |7

possessed by the third respondent, he was selected from all other

candidates for the said post.

10. The learned counsel further submitted that the writ

petitioner has not questioned the third respondent's eligibility,

qualifications and suitability for the selection and appointment as

Associate Professor in Biotechnology Department. As such there is no

dispute to the eligibility, qualification and suitability of the third

respondent. He would submit that since the third respondent is a

qualified candidate than the writ petitioner, there is no reason to

continue the interim order dated 19.3.2020.

11. The learned counsel for the third respondent vehemently

argued that the writ petitioner being unsuccessful candidate where her

application was rejected at the threshold for non-compliance of certain

requirements, she cannot challenge the entire selection as nullified.

Hence, the learned counsel prayed to vacate the interim order dated

19.3.2020 passed in W.P.(C) No.193 of 2020.

12. On the other hand, the learned counsel for the writ

petitioner submitted that the writ petitioner Dr.Sarangthem Indira Devi

is more eligible than the third respondent Thiyam Ramsingh Singh.

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 Page |8

However, by playing favoritism, the candidature of the writ petitioner

has been rejected by the inaction of the authority of Manipur University.

13. Taking through the interim order passed in W.P.(C)

No.177 of 2020, the learned counsel for the writ petitioner submitted

that despite proper communication of the interim order dated 6.3.2020

passed in the said writ petition by way of a legal notice dated 9.3.2020,

the respondents 1 and 2 in the writ petition issued the Executive Council

decision dated 14.3.2020 under which the third respondent has been

selected for appointment to the post of Associate Professor (1-UR) in

Biotechnology Department, Manipur University. The learned counsel

further submitted that by the interim order dated 6.3.2020, this Court

directed till the next returnable date, the respondents in the writ petition

not to declare the interview result of the post of Professor (UR) in the

Department of Biotechnology and Associate Professor (UR) in the

same Department.

14. The learned counsel next submitted that the interim order

dated 6.3.2020 is still in force and no application for vacating the said

order has been filed either by Manipur University or the third

respondent. In fact, the present applications for vacating the interim

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 Page |9

order dated 19.3.2020 have been filed concealing the said material

facts and therefore, the same are to be dismissed.

15. By placing reliance upon the decision of the Hon'ble

Supreme Court in the case of Commissioner, Karnataka Housing Board

v. C.Muddaiah, reported in (2007) 7 SCC 689, the learned counsel for

the writ petitioner submitted that once direction is issued by the Court,

it has to be obeyed and implemented without any reservation.

However, in this case, the respondent authorities in the writ petition

failed to obey the interim order dated 19.03.2020 and instead, they have

appointed the third respondent as Associate Professor in Biotechnology

Department.

16. This Court considered the submissions made by the

learned counsel appearing on either side and also perused the

materials available on record.

17. The Vice-Chancellor and Registrar of Manipur University

have filed M.C.(WP(C)) No.14 of 2021 mainly on the ground that the

result was declared on 14.3.2020 for filling up the post of Associate

Professor (1-UR) in the Department of Biotechnology and the

successful candidate needs to be appointed so that the academic

career of the students may not be affected as the teaching faculty of

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 P a g e | 10

Biotechnology Department are already in shortage. Further, the interim

order dated 19.3.2020 passed in the writ petition is required to be

vacated as the petitioner is an ineligible candidate to seek appointment

in the post of Associate Professor (1-UT), Biotechnology Department in

Manipur University.

18. Likewise, the third respondent seeks to vacate the interim

order dated 19.3.2020 passed in W.P.(C) No.193 of 2020 on the ground

that based on the overall qualifications of the third respondent, he was

selected for the post of Associate Professor in the Biotechnology

Department. However, since the appointment of the third respondent

has been stayed by this Court's order dated 19.3.2021, his right to be

appointed as Associate Professor has been infringed.

19. The reliefs sought in W.P.(C) No.193 of 2020 are as

follows:

" ... calling upon the respondents to show cause as to why a writ order / direction in the nature of Writ / order / directive (s) should not be issued for nullifying the List of candidates approved by the Executive Council in its meeting held on 14.03.2020 for appointment of Sri Thiyam Ramsing Singh to the post of Associate Professor (1-UR) in the Department of

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 P a g e | 11

Biotechnology, Manipur University in spite of the Hon'ble Court's order dated 06.03.2020 passed in W.P.(C) No.177 of 2020."

20. Before filing W.P.(C) No.193 of 2020, the writ petitioner

has filed W.P.(C) No.177 of 2020 and the relief sought is as follows:

"... calling upon the respondents to show cause as to why a writ order/direction in the nature of Writ/order/directive(s) should not be issued for nullifying the List of candidates for the post of Professor (1-UR) and 2 posts of Associate Professor (1-UR, 1-SC) in the Department of Biotechnology, Manipur University proposed to be held on 10.03.2020 or to set aside the impugned advertisement dated 27.05.2019 for the post of Professor and Assistant Professor (Biotechnology) .... and to direct the respondents to issue fresh list of eligible candidates as per the UGC Regulation and Ordinance No.19 of Manipur University."

21. When W.P.(C) No.177 of 2020 came up for admission on

06.3.2020, this Court passed the following interim order:

"Heard Mrs. G.Pushpa, learned counsel for the petitioner.

Issue notice.

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 P a g e | 12

Ms.Usharani, learned counsel assisting Mr. BP Sahu, learned senior counsel for the Manipur University enters appearance on behalf of the respondents.

Accordingly, notice on the respondents are complete.

Respondents are allowed to file counter affidavit.

List the matter again on 27.03.2020.

Till the next returnable date, respondents are directed not to declare the interview result of the post of Professor (UR) in the Department of Biotechnology and Associate Professor (UR) in the Department of Biotechnology."

22. Similarly, when W.P.(C) No.193 of 2020 came up for

admission on 19.03.2020, this Court passed the following interim order:

"Heard Mrs. G.Pushpa, learned counsel for the petitioner.

Issue notice.

Mr.Deepak Prasad Sahu, learned counsel enters appearance on behalf of respondent Nos.1 & 2.

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 P a g e | 13

Petitioner to take steps for service of notice on respondent No.3 by speed post within one week from today.

List the matter again on 22.04.2020.

In the interim, the respondents are directed not to give appointment to the private respondent No.3 to the post of Associate Professor (1-UR) in the Department of Biotechnology till the next returnable date."

23. In W.P.(C) No.193 of 2020, the writ petitioner averred that

in spite of the interim order passed by this Court in W.P.(C) No.177 of

2020, the office of the second respondent issued the impugned list of

candidates for appointment to the post of Associate Professor (1-UR),

Biotechnology, Manipur University, which is not at all valid and

admissible since this Court had directed not to declare the result of the

selection test for the post of Professor and Associate Professor,

Biotechnology in view of the advertisement dated 27.05.2019.

24. In W.P.(C) No.177 of 2020, the writ petitioner averred that

she being eligible for the post of Professor as well as for the post of

Associate Professor as per the advertisement dated 27.5.2019 had

applied for both the posts in Manipur University and submitted

applications along with her complete credentials. However, while

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 P a g e | 14

notifying the list of eligible candidates by the office of the Registrar, the

name of the petitioner has not been found to be included and she is

very much eligible for appointment either to the post of Professor,

Biotechnology or the Associate Professor, Biotechnology and the non-

inclusion of her name is not only arbitrary but also discriminatory. Since

the petitioner Dr.Sarangthem Indira Devi canvassed her case that she

being eligible to be appointed either to the post of Professor or

Associate Professor in the Department of Biotechnology and some

ineligible individuals have been shortlisted by the Registrar, Manipur

University for the said posts, she has to prove her eligibility through

proper documentary evidence. She cannot take advantage of the

interim order dated 6.3.2021 granted in her favour and submit that

despite the said interim order, the respondent authorities issued the

Executive Council decision dated 14.3.2020 by which the third

respondent has been selected for appointment to the post of Associate

Professor (1-UR). The interim order dated 6.3.2021 has been passed

without hearing Manipur University. There is also no proof filed by the

petitioner to show that the said interim order dated 6.3.2021 has been

duly communicated to Manipur University.

25. Challenging the impugned decision of the Executive

Council, the writ petitioner filed W.P.(C) No.193 of 2020 and when the

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 P a g e | 15

matter is taken up for admission, on 19.3.2020, this court passed an

interim order directing Manipur University not to give appointment to the

third respondent to the post of Associate Professor (1-UR) in the

Department of Biotechnology. Admittedly, the said order dated

19.3.2020 has also been passed without hearing Manipur University or

the third respondent.

26. The immediate need for appointing the third respondent to

the post of Associate Professor (1-UR) in Biotechnology Department

has been clearly stated by the applicant Manipur University in

paragraph 6 of the affidavit filed in support the petition in M.C.No.14 of

2021.

27. Since the writ petitioner questioned the very selection of

the candidates for the post of Professor and Associate Professor in the

Biotechnology Department and since the appointment given to the third

respondent as Associate Professor (1-UR) has been questioned by the

writ petitioner in the writ petition, any interim order passed relating to

the appointment would definitely affect the person so selected. As

stated supra, the applicant Manipur University contend that the writ

petitioner is an ineligible candidate for the post and therefore, the

interim order dated 19.3.2020 needs to be vacated. The eligibility and

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 P a g e | 16

ineligibility of the writ petitioner can only be decided at the final decision

of the writ petitions.

28. From the materials available on record, it is seen that the

writ petitioner has not questioned the third respondent's eligibility and

suitability for the selection and appointment as Associate Professor.

There is also no dispute as to the eligibility and suitability of the third

respondent for appointing to the post of Associate Professor in the

Department of Biotechnology.

29. By the impugned decision of the Executive Council dated

14.3.2020, names of 11 candidates were approved for appointment to

the posts of Associate Professor, Assistant Professor and Registrar

respectively in the Departments of Statistics, Chemistry, Computer

Science, Biotechnology, sociology and Education respectively.

Admittedly, nothing has been produced at this stage by the writ

petitioner to show that the name of the third respondent has been

included in the said list by playing favoritism.

30. Prima facie, in the absence of any proof to substantiate

the plea of the writ petitioner, it cannot be contended that a favour has

been shown in the case of the third respondent appointing him as

Associate Professor (1-UR). Moreover, the plea of the writ petitioner

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 P a g e | 17

that by disobeying the interim order, the respondent authorities

appointed the third respondent as Associate Professor cannot be

countenanced and therefore, the decision relied upon by the learned

counsel for the writ petitioner in the case of Muddaiah (supra) has not

applicable to the case of the writ petitioner.

31. Since no mala fide has been shown on the part of the

applicant Manipur University in selecting and appointing the third

respondent to the post of Associate Professor (1-UR) in the Department

of Biotechnology, the interim order dated 19.03.2020 cannot be

extended any further and in the interest of justice the same is liable to

be vacated. The aforesaid view of this Court is only prima facie and it

will not affect the main writ petition when the same is decided on merits.

That apart, as stated by the applicant Manipur University, the non-filling

up of the post of the Associate Professor in the Department of

Biotechnology would definitely affect the academic career of the

students. Therefore, in the interest of justice and in the given facts and

circumstances of the case put forth by the parties at this stage, the

appointment of the third respondent to the post of Associate Professor

(1-UR) in the Department of Biotechnology in Manipur University,

cannot be disturbed now, however, the same is subject to the outcome

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020 P a g e | 18

of the main writ petition. The parties are at liberty to put forth their

respective case when the main writ petition is taken up for final disposal.

32. In view of the above discussions, the interim order dated

19.3.2020 granted by this Court in W.P.(C) No.193 of 2020 stands

vacated and accordingly, M.C.(WP(C)) Nos.14 and 17 in W.P.(C)

No.193 of 2020 are allowed. No costs.

33. Registry is directed to issue copy of this order to both the

parties through their WhatsApp/e-mail.

JUDGE

FR/NFR Sushil

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020