Lairenjam Shangita Devi vs State Of Manipur & 9 Ors
2024 Latest Caselaw 415 Mani

Manipur High Court

Lairenjam Shangita Devi vs State Of Manipur & 9 Ors on 17 September, 2024

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

                                                                Item No. 2-4


             IN THE HIGH COURT OF MANIPUR
                       AT IMPHAL

                   WP(C) No. 647 of 2024 with
                  MC(WP(C) No. 542 of 2024 with
                   MC(WP(C) No. 539 of 2024

       Lairenjam Shangita Devi
                                                     .....Petitioner/s

                                 - Versus -

       State of Manipur & 9 Ors.
                                                     .... Respondent/s

BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

Order

17.09.2024

[1] Heard Mr. M. Hemchandra, learned senior counsel

assisted by Mr. M. Rendy, learned counsel for the petitioner.

[2] The present writ petition has been filed challenging the

impugned letter dated 16.12.2022 issued by the Dental Council of India

to the Principal Secretary (H & FW),Government of Manipur and the

Principal/Dean, Dental College JNIMS, Imphal regarding not to

consider the experience certificate issued by Sarjug Dental College and

Hospital, Bihar in favour of the petitioner and Meeting Notice dated

09.09.2024 issued by the Government of Manipur for considering

promotion to the post of Associate Professor in different Departments

of Dental College, JNIMS and also recommendation of the Fact Finding

Committee dated 14.02.2023 consisting of respondent Nos. 4 to 7

Page 1 recommending not to consider the experience certificate issued by

Sarjug Dental College and Hospital, Bihar in favour of the petitioner for

considering for promotion to the next higher post.

[3] Learned senior counsel for the petitioner draws the

attention of this Court to the judgment dated 16.06.2022 passed by this

Court in WP(C) No. 82 of 2022 whereby the private respondent Nos. 8

& 9 herein have challenged the experience certificate issued by the

Sarjug Dental College and Hospital, Bihar issued in favour of the

petitioner herein.

[4] After considering the materials on record, learned Single

Judge held that the experience certificate dated 12.03.2018 issued by

Sarjug Dental College and Hospital, Bihar in favour of the petitioner is

genuine and in the same judgment also it was directed to expedite the

process of promotion to the post of Associate Professor in Dental

College, JNIMS. It is stated that the private respondent Nos. 8 & 9

herein have challenged the finding of the learned Single Judge in

appeal being WA No. 83 of 2022 and the same is pending before the

Division Bench and there is no interim order against the finding of the

learned Single Judge.

[5] Mr. M. Hemchandra, learned senior counsel for the

petitioner, submits that in the impugned letter dated 16.12.2022 issued

by the Dental Council of India to the authorities of the state and JNIMS

not to consider the certificate issued by Sarjug Dental College and

Hospital, Bihar nothing is mentioned about the finding of the impugned

Page 2 order dated 16.06.2022 whereby this Court upheld the experience

certificate.

[6] In the proceeding dated 14.02.2023 of the Fact Finding

Committee comprising of respondent Nos. 4 to 7 recommending not to

consider the experience certificate issued by Sarjug Dental College and

Hospital, Bihar in favour of the petitioner for promotion to the next

higher post, the finding of the learned Single Judge regarding

genuineness of the said certificate is also not reflected. It is stated that

the impugned letter dated 16.12.2022 issued by the Dental Council of

India and the proceedings of the Fact Finding Committee dated

14.02.2023 amount to contempt of Court being in total disregard of the

findings of the learned Single Judge.

[7] Learned senior counsel for the petitioner also prays that

the process initiated for promotion to the Associate Professor in Dental

College be stayed. However, during the course of hearing, Mr. M.

Hemchandra, learned counsel for the petitioner, confines his prayer for

stay to the department of Pedodontics and Preventive Dentistry, Dental

College, JNIMS, Imphal.

[8] Issue notice to the main petition as well as application for

interim relief.

[9] Mr. Th. Sukumar, learned G.A. accepts notice on behalf

of respondent Nos. 1 & 2 and Mr. U. Augusta, learned counsel

assisting Mr. Y. Nirmolchand, learned senior counsel on behalf of

Page 3 respondent No. 8. Hence no formal step is required with respect to

these respondents.

[10] Petitioner is directed to take step with respect to

respondent Nos. 3, 4 to 7, 9 & 10 by speed post and file proof of

affidavit of service.

[11] Mr. Th. Sukumar, learned G.A. for the State respondent,

opposes the prayer for stay of the proceedings of the DPC for

promotion to the post of Associate Professor in the Dental College,

JNIMS and draws the attention of this Court to para 44 of the judgment

dated 16.06.2022 passed by this Court in WP(C) No. 82 of 2022

whereby this Court has directed to expedite the process for promotion

to the post of Associate Professor in Dental College, JNIMS, as it is

necessary for the academic purpose of the College. Learned G.A.

submits that the prayer for stay of the proposed DPC proceedings may

be rejected.

[12] On the other hand, Mr. Y. Nirmolchand, learned senior

counsel for respondent No. 8, submits that on further enquiry, the

certificate of the petitioner is found not to be genuine and the

proceedings of the DPC may not be stayed, as it will hamper the

academic calender of the Dental College.

[13] This Court has considered the materials on record and

the submissions made at the bar.

[14] It is an admitted fact that vide order dated 16.06.2022

passed by the learned Single Judge in WP(C) No. 82 of 2022, the

Page 4 genuineness of the experience certificate issued by Sarjug Dental

College and Hospital, Bihar in favour of the petitioner is upheld and the

finding of the learned Single Judge is being challenged by private

respondent Nos. 8 & 9 herein by way of writ appeal being WA No. 83 of

2022 and the matter is pending before the Division Bench. It is also an

admitted fact that there is no interim order in the appeal.

[15] On perusal of the letter dated 16.12.2022 issued by the

Dental Council of India to the State and JNIMS authority not to consider

the certificate issued by Sarjug Dental College and Hospital, Bihar in

favour of the petitioner, nothing is mentioned about the finding of the

learned Single Judge dated 16.06.2022. It may be noted that the

impugned letter dated 16.12.2022 (Annexure - A/17) was issued 6 (six)

months after the judgment and Dental Council of India is also party in

the writ petition before the learned Single Judge.

[16] Similarly, in the Fact Finding Committee comprising of

respondent Nos. 4 to 7 herein, nothing is mentioned about the finding

of the learned Single Judge. Keeping in view of the judicial discipline,

this Court is bound by the findings of the learned Single Judge dated

16.06.2022 whereby the certificate issued by Sarjug Dental College

and Hospital, Bihar in favour of the petitioner was held to be genuine.

[17] Taking into consideration the factual matrix of the case,

this Court is of the opinion that it is not inclined to pass any order

staying the proposed DPC for promotion from the post of Assistant

Professor to the post of Associate Professor in Dental College, JNIMS.

Page 5 However, if the petitioner wishes to appear in the proposed DPC, her

case is not to be prejudiced by the contents of the letter dated

16.12.2022 issued by the Dental Council of India and the proceedings

of the Fact Finding Committee dated 14.02.2023 whereby it was

recommended not to consider the certificate issued by Sarjug Dental

College and Hospital, Bihar for the purpose of promotion to the next

higher post.

[18] With this observation, it is clarified that the authority may

proceed with the proposed DPC for promotion to the post of Associate

Professor and the petitioner's experience certificate can be considered

subject to the outcome of the writ appeal being WA No. 83 of 2022.

[19]           List this case on 21.10.2022.

[20]           Furnish a copy of this order to the learned counsel

appearing for all the parties.



                                                               JUDGE

       Kh. Joshua Maring




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