Manipur High Court
Smt. Jacinta Zimik Vashai vs Chairman on 17 September, 2024
SHAMURAILATPAM SUSHIL SHARMA Digitally signed by SHAMURAILATPAM SUSHIL SHARMA
Date: 2024.09.20 13:12:30 +05'30' P a g e | 1
Item No. 50
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 726 of 2023
Smt. Jacinta Zimik Vashai
Petitioner
Vs.
Chairman, Board of Secondary Education Manipur
Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU KABUI
ORDER
17.09.2024
Siddharth Mridul, C.J.:
Mr. Tungrei Ngakang, learned counsel appearing on behalf of
the petitioner and Mr. I. Denning, learned counsel appears on behalf of the
respondent.
The present writ petition instituted on behalf of Smt. Jacinta
Zimik Vashai prayed as follows :
"It is, therefore, in the facts and circumstances as submitted herein
above, the Petitioner most respectfully prayed that this Hon'ble Court
may kindly be pleased to:
a. Issue appropriate writ, direction or order in the nature of mandamus,
declaration or any other appropriate writ, direction or order declaring
the Notification No. Cs/7 dated 19.10.1976 issued by the Board of
Secondary Education, Manipur as discriminatory, arbitrary, ultra
vires, illegal and null and void ab initio;
b. Issue appropriate writ, direction or order in the nature of mandamus,
declaration or any other appropriate writ, direction or order declaring
the provisions of Clause 63.A.1 of the Notification No. Ex/204/18
dated 25.05.2018 issued by the Board of Secondary Education,
Manipur as unreasonable, arbitrary, illegal and null and void ab initio;
Page |2
c. Issue appropriate writ, direction or order in the nature of mandamus,
declaration or any other appropriate writ, direction or order declaring
the provisions of Clause 63.A.2 of the Notification No. Ex/204/18
dated 25.05.2018 issued by the Board of Secondary Education,
Manipur as unreasonable, arbitrary, illegal and null and void ab initio;
d. Issue appropriate writ, direction or order in the nature of mandamus,
declaration or any other appropriate writ, direction or order declaring
the provisions of Clause 63.B.1 of the Notification No. Ex/204/18
dated 25.05.2018 issued by the Board of Secondary Education,
Manipur as unreasonable, arbitrary, illegal and null and void ab initio;
e. Issue appropriate writ, direction or order in the nature of mandamus,
declaration or any other appropriate writ, direction or order declaring
the impugned oral rejection of the Application dated 20.11.2020 by
applying the amended Notification No. Ex/204/18 dated 25.05.2018
rather than the Existing Rule as illegal and null and void ab initio;
f. Issue appropriate writ, direction or order in the nature of mandamus,
declaration or any other appropriate writ, direction or order directing
the Respondent No. 1 to consider the Application dated 20.11.2020 of
the Petitioner as in accordance with the provisions of Clause 63.C.1 and
Clause 63.C.2 of the Existing Rule;
g. Issue appropriate writ, direction or order in the nature of mandamus,
declaration or any other appropriate writ, direction or order directing
the Respondent No. 1 to correct the Date of Birth of the Petitioner in
her High School Leaving Certificate as 30.05.1966 as in accordance
with the provisions of Clause 63.C.1 and Clause 63.C.2 of the Existing
Rule;
h. Issue appropriate writ, direction or order in the nature of mandamus,
declaration or any other appropriate writ, direction or order directing
the Respondents to make necessary amendments/modifications in the
Notification No. Ex/204/18 dated 25.05.2018 issued by the Board of
Secondary Education, Manipur as in compliance with the directions
issued by the Hon'ble Supreme Court in the matter of Jigya Yadav
Through Her Father vs. C.B.S.E.; and
i. Pass any such other order(s) as this Hon'ble Court deems fit and proper
in the facts and circumstances of the case."
In view of the admitted position that Regular First Appeal
instituted on the same cause of action, is pending adjudication before the Ld.
District, Judge, Imphal West against the judgment and order dated 3rd of
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July, 2023 passed in Original Suit No. 11 of 2022 passed by the Ld. Civil
Judge, Junior Division, Imphal West; the learned counsel appearing on behalf
of the petitioner seeks leave to withdraw this writ petition with liberty to
further prosecute the said Regular First Appeal as aforementioned.
Leave and liberty granted.
The writ petition is dismissed as withdrawn and disposed of.
JUDGE CHIEF JUSTICE
Sushil
