Manipur High Court
State Of Manipur Through The ... vs Thokchom Chhatrajit Singh; & Ors on 19 August, 2024
KABORAMBA Digitally
KABORAMBAM
signed by
M SANDEEP SANDEEP SINGH
Date: 2024.08.21
SINGH 13:04:30 +05'30'
Item No. 72 & 73
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
W.A. No. 31 of 2024
State of Manipur through the Commissioner (Higher
and Technical Education)
Appellant
Vs.
Thokchom Chhatrajit Singh; & Ors.
Respondents
With
MC (W.A.) No. 63 of 2024
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
ORDER
19.08.2024
Siddharth Mridul, C.J. :
Mr. Sh. Yangya, learned Government Advocate, appears on behalf of
the appellant/applicant; Mr. Anjan Prasad Sahu, learned counsel, appears on behalf
of respondent Nos. 1-9; and Dr. RK Deepak, learned senior counsel, appears on
behalf of the Manipur Technical University, respondent Nos. 10 & 11.
The present appeal has arisen out of judgment and order dated
16.01.2024 rendered by the learned Single Judge in W.P. (C) No. 154 of 2023 and
in particular, the apparent incongruity, stated to arise out of the conjoint reading
of the following paragraphs :-
"All the counsels appearing for the parties submitted that the
present writ petition can be disposed of by directing all the authorities
concerned to expedite the process of consideration and to finalize it within
a stipulated period.
In view of the submission made by the learned counsel appearing
for the parties, the present writ petition is hereby disposed of by directing
W.A. No. 31 of 2024 with
MC (W.A.) No. 63 of 2024 Page 1
all the concerned authority of the State Government to expedite the process
for grant of incentive for possessing Higher Qualification to the eligible
Faculties of Manipur Technical University, including the present petitioners,
as per the UGC Regulations, 2018 and to complete such process within a
period of 3 (three) months from today."
From a plain reading of the above extracted paragraphs, it is evident
that the impugned order was an order passed with the consent of the parties in
the writ petition before the learned Single Judge. However, it is observed that in
the subsequent paragraph, the writ petition was allowed directing all the concerned
authorities of the State Government to expedite the process for grant of incentive
for possessing higher qualification to the eligible faculties of Manipur Technical
Universities.
In view of the above, Mr. Sh. Yangya, learned Government Advocate,
appearing on behalf of the appellant, seeks leave to withdraw this appeal with
liberty to institute a review petition before the learned Single Judge seeking
clarification of the said impugned order dated 16.01.2024 in the first instance.
Leave and liberty granted.
The present writ appeal as well as the connected application are
disposed of accordingly.
JUDGE CHIEF JUSTICE
Sandeep
W.A. No. 31 of 2024 with
MC (W.A.) No. 63 of 2024 Page 2
