Manipur High Court

Manipur Technical University vs Mutum Shaymkesho Singh on 15 September, 2022

SHAMURAILATPAM    Digitally signed by
                  SHAMURAILATPAM SUSHIL SHARMA
SUSHIL SHARMA     Date: 2022.09.16 10:06:28 +05'30'
                                                                                                        Page |1



                                     IN THE HIGH COURT OF MANIPUR
                                               AT IMPHAL

                                            MC(WP(C)) No. 151 of 2022
                                            Ref:- WP(C) No. 805 of 2021

                               1. Manipur Technical University, represented by
                                     its      Registrar,           Government               of      Manipur,
                                     Polytechnic Campus, Takyelpat, P.O. P.S.
                                     Lamphel,           District        Imphal        West,         Manipur-
                                     795004.
                               2. Dr.         Bhabeswar Tongbram,                      Vice-Chancellor,
                                     Technical            Manipur           Technical             University,
                                     Government of Manipur, Polytechnic Campus,
                                     Takyelpat, P.O. P.S. Lamphel, District Imphal
                                     West, Manipur-795004.
                                                                                            ...... Applicants
                                                                  -Versus-
                               1. Mutum Shaymkesho Singh, aged about 64
                                     years,         S/o       (L). M.        Yaima ,          resident         of
                                     Kwakeithel Akham Leikai, P.O. Singjamei, P.S.
                                     Singjamei, District Imphal; West, Manipur-
                                     795008.

                               2. The State of Manipur represented by the
                                     Commissioner/                Secretary,          Hr.        and     Tech.
                                     Education,            Govt.       of     Manipur,           Secretariat
                                     Building, Babupara, P.O. & P.S. District Imphal
                                     West, Manipur-795001.
                                                                                        ..... Respondents

MC(WP(C)) No.151 of 2022 in W.P. (C) No.805 of 2021 with MC(WP(C)) No.282 of 2022 in W.P. (C) No.791 of 2021 with MC(WP(C)) No.283 of 2022 in W.P. (C) No.807 of 2021 with MC(WP(C)) No.284 of 2022 in W.P. (C) No.825 of 2021 Page |2

MC(WP(C)) No. 282 of 2022 Ref:- WP(C) No. 791 of 2021

1. Manipur Technical University, represented by its Registrar, Government of Manipur, Polytechnic Campus, Takyelpat, P.O. P.S. Lamphel, District Imphal West, Manipur- 795004.

2. Dr. Bhabeswar Tongbram, Vice-Chancellor, Technical Manipur Technical University, Government of Manipur, Polytechnic Campus, Takyelpat, P.O. P.S. Lamphel, District Imphal West, Manipur-795004.

...... Applicants

-Versus-

1. Dr. Khaidem Joychandra Singh, aged about 65 years, S/o Kh.Chingthoi Singh, resident of Thongju Part-II, P.O. Canchipur, P.S. Singjamei, District Imphal East, Manipur- 795008.

2. The State of Manipur represented by the Commissioner/ Secretary, Hr. and Tech. Education, Govt. of Manipur, Secretariat Building, Babupara, P.O. & P.S. District Imphal West, Manipur-795001.

..... Respondents

MC(WP(C)) No. 283 of 2022 Ref:- WP(C) No. 807 of 2021

1. Manipur Technical University, represented by its Registrar, Government of Manipur, Polytechnic Campus, Takyelpat, P.O. P.S. Lamphel, District Imphal West, Manipur- 795004.

2. Dr.Bhabeswar Tongbram, Vice-Chancellor, Technical Manipur Technical University, Government of Manipur, Polytechnic Campus, Takyelpat, P.O. P.S. Lamphel, District Imphal West, Manipur-795004.

...... Applicants

-Versus-

1. Dr. Khaidem Joychandra Singh, aged about 65 years, S/o Kh.Chingthoi Singh, resident of Thongju Part-II, P.O.Canchipur, P.S. Singjamei, District Imphal East, Manipur- 795008.

2. The State of Manipur represented by the Commissioner/ Secretary, Hr. and Tech. Education, Govt. of Manipur, Secretariat Building, Babupara, P.O. & P.S. District Imphal West, Manipur-795001.

MC(WP(C)) No. 284 of 2022 Ref:- WP(C) No. 825 of 2021

1. Manipur Technical University, represented by its Registrar, Government of Manipur, Polytechnic Campus, Takyelpat, P.O. P.S. Lamphel, District Imphal West, Manipur- 795004.

2. Dr.Bhabeswar Tongbram, Vice-Chancellor, Technical Manipur Technical University, Government of Manipur, Polytechnic Campus, Takyelpat, P.O. P.S. Lamphel, District Imphal West, Manipur-795004.

-Versus-

1. Dr. Ningthoujam Ram Singh, aged about 69 years, S/o (Late) Ningthoujam Babu Singh, resident of Chinga Makha, Liwa Road, P.O. Canchipur, P.S. Singjamei, District Imphal West, Manipur-795003.

2. The State of Manipur represented by the Commissioner/ Secretary, Hr. and Tech. Education, Govt. of Manipur, Secretariat Building, Babupara, P.O. & P.S. District Imphal West, Manipur-795001.

.....Respondents

BEFORE HON'BLE MR. JUSTICE M.V. MURALIDARAN

For the Applicants :: Mr. T. Momo, Advocate Mr. Lenin Hijam, AG

For the Respondents :: Mr. Anjan Prasad Sahu, Adv.

Mr. N. Jotendro, Sr. Advocate

Date of Hearing and reserving Judgment & Order :: 08.09.2022

Date of Judgment & Order :: 15.09.2022

JUDGMENT AND ORDER (CAV)

All these miscellaneous petitions have been filed

by the Manipur Technical University to vacate the interim order

dated 7.12.2021 passed in the batch of writ petitions.

2. For ready reference, the relevant portion of the

order dated 7.12.2021 passed in the batch of writ petitions is

reproduced hereunder:

"In compliance with the order dated 03-12-2021, it has been submitted by Mr. T.Momo, learned

that the Manipur Technical University has chosen the second option because of which it is directed that the Manipur Technical University may go ahead with the recruitment process and the result thereof shall not be

MC(WP(C)) No.151 of 2022 in W.P. (C) No.805 of 2021 with MC(WP(C)) No.282 of 2022 in W.P. (C) No.791 of 2021 with MC(WP(C)) No.283 of 2022 in W.P. (C) No.807 of 2021 with MC(WP(C)) No.284 of 2022 in W.P.

declared till the next date and the same shall be kept in a sealed cover.

List the matters on 25-01-2022 for disposal in the category of admission in view of the urgency involved in the matter.

Learned counsel for the parties are directed to complete their pleadings by then. It is open to the learned counsel for the parties to make appropriate prayer before the Court on the next date for passing appropriate orders including the one modifying this order. In case these matters are not listed for one reason or another, it is further open to the learned counsel for the parties to make a prayer before the Hon'ble Chief Justice to get them listed at an early date"

[emphasis supplied]

3. The pivotal challenge in the writ petitions is to the

advertisement No.03 of 2021, dated 12.8.2021 issued by the

Registrar, Manipur Technical University, Imphal, inviting

applications for appointment to the post of Vice-Chancellor.

The grievance of the petitioners is that the said advertisement

runs contrary to the UGC Regulations dated 18.7.2018, more

particularly to Regulation 7.3, which provides eligibility criteria

for appointment to the post of Vice Chancellor. It is their plea

that the advertisement contemplates additional eligibility criteria

of experience in Technical Education and/or Academic

Administration Organization, which is beyond the mandate of

the UGC Regulations dated 18.7.2018.

4. According to the writ petitioners, the University

proceeded to appoint the third respondent in the writ petitions

to the post of Vice Chancellor vide the order dated 8.11.2021,

though he is not qualified/eligible for appointment to the said

post, as he is only a Selection Grade (SG) Lecturer, which is

equivalent to the post of Associate Professor in Government

Polytechnic, Takyelpet and, at present, he is working as Deputy

Director, Technical Education, Government of Manipur.

5. The writ petitions were heard on various dates and

on 7.12.2021, the order quoted above has been passed to the

effect that the applicant Manipur Technical University may go

ahead with the recruitment process and the result thereof shall

not be declared till the next date and the same shall be kept in

a sealed cover.

6. In such backdrop, the present applications have

been filed by the Manipur Technical University raising a plea

that by virtue of the order dated 7.12.2021, the recruitment

process has been stalled and despite the recruitment process

of 32 posts of Assistant Professors as per the advertisement

dated 8.2.2021 and 2.7.2021 having been completed by

28.3.2022, the result is not declared till date and the same is

kept in a sealed cover.

7. It is the further case of the applicants that the

present writ petitions pertain to the appointment of the Vice-

Chancellor, who has already been appointed on 8.11.2021 and

it is nowhere connected with the recruitment process of 32 posts

of Assistant Professors as per the advertisement dated

8.2.2021 and 2.7.2021. It is the specific case of the applicants

that the Registrar issued the advertisements dated 8.2.2021

and 2.7.2021 in due compliance of the judgment and order

dated 14.1.2021 in W.P. (C) No.401 of 2020. The University is

in desperate need of faculties to conduct courses and by virtue

of the interim order dated 7.12.2021, the recruitment process is

hanging fire. In effect, the prayer of the applicants is to allow

these applications and vacate the interim order dated

7.12.2021.

8. Per contra, learned counsel for the writ petitioners

submits that the University has manipulated the process of

recruitment of 32 Assistant Professors against the judgment

and order dated 14.1.2021 in W.P. (C) No.401 of 2020, which

mandates that the University should make recruitment in

consonance with the guidelines of the University Grants

Commission.

9. It is the further case of the writ petitioners that the

reservation percentage adopted by the University is improper

and by virtue of the methodology adopted by the University, ten

posts for reserved category have been lost. The University, it

is alleged, has not violated the guidelines of the University

Grants Commission, but also did not comply with the order of

the High Court dated 14.1.2021 in W.P. (C) No.401 of 2020.

Therefore, the entire recruitment process should be set aside

and fresh recruitment should be directed.

10. Heard learned counsel on either side and perused

the documents available on record.

11. At the outset, this court deems it appropriate to

refer to the prayer made in the writ petitions, which almost

identically seek setting aside of the impugned order dated

8.11.2021, whereby the third respondent was appointed to the

post of Vice-Chancellor, Manipur Technical University, in gross

violation of the UGC Notification dated 18.7.2018, wherein the

eligibility criteria for appointment to the post of Vice-Chancellor

is prescribed as ten years' experience as Professor in a

University or in a reputed research and/or academic

administrative organization.

12. The order dated 8.11.2021 is the order passed by

the Chancellor, Manipur Technical University, appointing the

third respondent in the writ petition as Vice-Chancellor of the

said University for a period of five years from the date on which

he enters upon his office or until he attains the age of 70 years,

whichever is earlier.

13. For clarity on the issue, this court perused the

advertisement dated 12.8.2021. The advertisement stipulates

that it is a "Notification for appointment of Vice-Chancellor".

It is beyond any demur that pursuant to the said notification the

third respondent in the writ petition has been appointed as Vice

Chancellor and there is no stay operating that restrains him from

discharging his duties as a Vice-Chancellor.

14. When this stood thus, this Court passed an order

on 3.12.2021 as under:

"When these matters are taken up for consideration, it has been submitted by Shri T.Momo, learned counsel appearing for the respondent Nos.2 and 3 that in terms of the options being indicated by this court - the respondent No.3 may not participate in the recruitment process or the Manipur Technical University may go ahead with the recruitment process but the result thereof may not be declared till January, 2022 when these matters will be directed to be listed for final disposal, he has been instructed that the Manipur Technical University is likely to take a decision in that regard in few days and accordingly, he prays that the matter be listed on 7.12.2021."

[emphasis supplied]

15. Thereafter, the order dated 7.12.2021, which is

impugned in these applications and quoted hereinabove, has

been passed.

16. At the first blush, it is obvious that the order dated

7.12.2021 is in no way connected with the recruitment of the

third respondent as Vice Chancellor, but it pertains to the filling

up of 32 posts of Assistant Professors as per the advertisement

dated 8.2.2021 and 2.7.2021. Therefore, the order dated

7.12.2021 is ex facie beyond the scope of the prayer made in

the writ petitions.

17. That apart, in none of the writ petitions the prayer

is to stall the recruitment process pertaining to the 32 posts of

Assistant Professors as per the advertisement dated 8.2.2021

and 2.7.2021. Therefore, this court finds a prima facie case in

favour of the applicants.

18. The challenge to the appointment of the third

respondent as Vice Chancellor is the subject-matter of the writ

petitions and shall be considered during the final disposal of the

writ petitions.

19. This Court finds that the interim order dated

7.12.2021 stalling the recruitment process cannot be sustained,

for a University cannot survive and impart quality education

without requisite faculty. Ultimately, the services given to the

students and their studies suffer as a whole both directly and

indirectly.

20. Considering the interest of the students as

paramount and being prima facie satisfied that the order dated

7.12.2021 passed in these writ petitions is beyond the scope of

the prayer made in the writ petitions and even the interim order

sought therein, this court is allowing all these miscellaneous

applications with the following directions:

i. The interim order dated 7.12.2021 is set

aside; and

ii. The applicant University is permitted to

open the sealed cover and declare the

result of the recruitment process of 32

posts of Assistant Professors pursuant to

the notifications dated 8.2.2021 and

2.7.2021.

JUDGE

FR/NFR

Sushil