Citation : 2025 Latest Caselaw 581 Mani
Judgement Date : 11 September, 2025
Item No. 74
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 442 of 2022
Smt. S. Dorcus & Anr.
...Petitioners
- Versus -
State of Manipur & 4 Ors.
...Respondents
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
11-09-2025
[1] Present Dr. Solemwon Ramson, learned counsel for the
petitioners and Mrs. Ch. Sundari, learned Government Advocate for
respondent Nos. 1, 2, 4 & 5.
[2] By the present writ petition, the petitioners approached this Court
for complying the directions passed by this Court vide order dated 06-09-
2019 in WP(C) No. 406 of 2018. The relevant portion is reproduced as
follows:--
"During the course of hearing, it has been submitted by the learned counsel appearing for the petitioners that the instant writ petition can be disposed of in terms of the judgment and order dated 15-07-2016 passed by this Court in writ petition being WP(C) No. 240 of 2015 to which the learned counsel appearing for the respondents have no serious objection and accordingly, the instant writ petition stands disposed of with the direction that the respondents and in particular, the respondent Nos. 2 & 3 shall construct secured fencing wall, separate toilet for the boys and girls, library, kitchen for school mid-day meal and provide infrastructural facilities of playground,
newspaper, magazine, etc. to the Sirarakhong Primary School within a period of six months from the date of receipt of a copy of this order. Our country being a welfare State, to say that the State Government has no money, cannot be said to be the only answer and the State Government is duty bound to provide, at least, the basic needs of a school."
[3] Dr. Solemwon Ramson, learned counsel for the petitioners,
submits that, as on today, the directions with regard to the development of
playground, fencing and library for Sirarakhong Primary School are yet to be
implemented.
[4] Mrs. Ch. Sundari, learned Government Advocate for the State
respondents, submits that in the earlier writ petition, i.e. WP(C) No. 406 of
2018, even though the Department of Education (S), Government of
Manipur was also impleaded as a party, the directions were issued to
respondent Nos. 2 & 3, namely the Department of Tribal Affairs & Hills,
Government of Manipur and the Autonomous District Council, Ukhrul and as
such the Education Department has no role in implementing the remaining
portion of the directions issued by this Court in the earlier order. Learned
Government Advocate for the State respondents further draws the attention
of this Court to the counter affidavit of the Education Department stating that
construction of playground, library and providing newspaper and magazine
are not included within the facilities/infrastructure provided under SSA
Scheme and the secured fencing is provided only to schools whose
premises are adjacent to railway track or National Highway. However,
separate toilets for boys and girls have already been constructed. In the
counter affidavit of TA & Hills, Government of Manipur, it is stated that library
to Sirarakhong Primary School has to be provided by Autonomous District
Council, Ukhrul and the facilities like mid-day meal kitchen and toilets for
boys and girls have already been constructed. It is also stated that for the
students of Class I to V, newspaper and magazine may not be essential
items.
[5] This Court is of the opinion that the writ petition can be disposed
of by directing the Autonomous District Council, Ukhrul to provide the
remaining directions, i.e. development of playground, fencing and library
facilities to Sirarakhong Primary School in terms of the order dated 06-09-
2019 passed by this Court in WP(C) No. 406 of 2018, as far as practicable,
preferably within a period of 6 months from the date of receipt of a copy of
this order.
[6] With this observation, the writ petition is disposed of.
JUDGE
Victoria
NINGOMBA by NINGOMBAM
M VICTORIA Date: 2025.09.12 14:57:26 +05'30'
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