Manipur High Court
Poujiandai Gangmei vs State Of Manipur on 5 April, 2022
JOHN Digitally signed
by JOHN TELEN
TELEN KOM
Date: 2022.04.07
Item No.4
KOM 09:25:10 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C)No.195 of 2020
Poujiandai Gangmei
.... Petitioner/s
- Versus -
State of Manipur.
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE MV MURALIDARAN
05.04.2022
[1] When the matter came on 28.03.2022, there was no
appearance for the petitioner and therefore, the matter was directed to be
posted on 31.03.2022. Even on 31.03.2022, there was no appearance for
the petitioner whereas Mr. A. Vashum, learned GA takes notice on behalf
of the respondents and therefore, this Court passed the following orders:
"When the matter is called up, none appeared for the petitioner.
Mr. A. Vashum, learned GA appearing on behalf of the
respondents.
On the last occasion also, the counsel for the petitioner was
absent. However, in the interest of justice one chance is given
to the petitioner to pursue his case.
List this case again on 05.04.2022.
It is made clear that if anybody fail to appear on behalf of the
petitioner on the next date, appropriate order will be passed."
[2] When the matter is taken up, even today none appeared for
the petitioner. Ms.CH. Sundari, learned GA represented that she is
appearing on behalf of the respondent Nos. 1 & 2 and the respondent Nos.
3 to 8 are autonomous body and therefore notice should be taken.
[3] This Court found that on earlier occasion notice to the
respondents has not been issued and since this WP(C)No.195 of 2020
has been filed by the petitioner seeking the prayers which is larger interest
as follows:
In the light of the above fact and circumstances, and keeping in
mind the Constitutional Provisions as well as the judgments and
orders of the Hon'ble Supreme Court and for reasons stated
above, it is most respectfully prayed that, Your Lordships may
graciously be pleased to
(i) admit this humble writ petition and issue Nisi to the
respondents with the following directions:-
(ii) Issue a writ in a nature of Mandamus, and/or any other
appropriate writs, orders or directions as to this Hon'ble Court
may deem just and proper, thereby directing the respondents
Nos. 1 and 2 to comply with Section 29(2) (f) of the Right to
education Act, 2009 read with Article 14, 19(1), 21, 21A, 20, 30
and 350A of the Constitution in letter and spirit.
[iii] Issue directions to the respondents 3 to 8 to implement
section 8(iii) of the Manipur (Hill Areas) District Councils (Third
Amendment) Act, 2008 read with Article 350A of the Constitution
and Section 29(1) (f) of the Right to Education Act, 2009 thereby
prescribing medium of instruction in schools established,
maintained and managed by ADCs.
(iv) to exempt the minimum qualifications of D.El.Ed,
B.El.Ed, Special Education and TET in respect of candidates
from Hill Districts as there are no facilities to obtain such
qualifications within the jurisdiction of ADCs.
IN THE INTERIM
(v) Pass an interim order to keep the recruitment process in
abeyance until this petition is dispose of.
[4] Though none appeared for the petitioner but considering the
above prayers and for the interest of justice, this Court is inclined to admit
and issue notice through the Registry to the respondent Nos. 3 to 8
returnable by 09.5.2022.
[5] Therefore, the Registry is directed to issue notice directly to
the respondent Nos. 3 to 8 returnable by 09.05.2022. Since Ms. CH.
Sundari, learned GA takes notice for the respondent Nos. 1 & 2 and
hence, no formal notice is required in respect of the respondent Nos. 1
& 2.
[6] Therefore, post this matter on 09.5.2022.
JUDGE
John Kom
