Citation : 2026 Latest Caselaw 2134 Mani
Judgement Date : 26 March, 2026
Digitally signed by
JOHN JOHN TELEN KOM
TELEN KOM Date: 2026.03.26
18:57:09 +05'30'
Sl. No. 4 & 5
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WA No.42 of 2025
With
MC(WA) No.82 of 2025
Union of India & 3 ors.
Appellants
Vs.
Khangjrakpam Netrajit Singh & 31 Ors.
Respondents
BEFORE HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH (ORDER)
(Order of the Court was made by Mr. M. Sundar, CJ)
26.03.2026
[1] Read this in conjunction with and in continuation of earlier
proceedings made in the previous listing on 19.02.2026 which reads as
follows:
' [1] Captioned main Writ Appeal (WA) is an intra-court appeal and it is directed against an order dated 20.01.2025 made by a Hon'ble Single Judge in WP(C)No. 167 of 2023 along with MC(WP(C))No. 180 of 2023 thereat ('impugned order' for the sake of convenience).
[2] Mr. N. Nongdamba, learned counsel led by senior counsel and Deputy Solicitor General of India (DSGI) is before us on behalf of appellants (to be noted, the four appellants shall be collectively referred to as 'State' for the sake of convenience). There were 29 (twenty nine) writ petitioners before the Hon'ble Single Bench qua the impugned order, they have been arrayed as R1 to R29 in captioned WA and miscellaneous case (MC) thereat. Private respondents R5 to R7 before the Hon'ble Single Bench have been arrayed as R30 to R32 respectively in the captioned WA and MC thereat.
[3] As regards the respondents, Mr. Ng. Jotindra Luwang, learned counsel and Ms. Geetarani Waikhom, learned counsel have lodged caveat on behalf of R1 to R8, R10 to R16, R18 to R21, R23 to R25 and R27 to R29 (25 caveators in all). To be noted, Mr. Ng. Jotindra Luwang, learned counsel is before us on the Video Conferencing (VC) platform and Ms. Geetarani Waikhom, learned counsel is before us in the physical Court.
[4] As regards the main WA, the subject matter is Army recruitment under Agnipath Scheme for which selection process was conducted from 23.11.2022 to 05.12.2022 in all districts in the State of Manipur. Unsuccessful aspirants (29 in number) filed afore-referred writ petition being WP(C) No.167 of 2023 inter-alia seeking a direction for their appointment. After full contest, a Hon'ble Single Bench in and vide impugned order directed State to appoint some of the writ petitioners and directed completion of 'whole process' of examination with regard to some other writ petitioners within a period of 2(two) months. Aggrieved, State is on appeal. Learned senior advocate and DSGI, adverting to the impugned order submitted that the impugned order proceeds on the basis that assumption of writ petitioners that all National Cadet Corps (NCC) certificate holders are assured of selection in Indian Army but such assumption of writ petitioners is incorrect. It was also pointed out that recruitment system in Army is very different from recruitment qua civilians particularly regarding requirement shortfalls of the forces formations etc., and this has been overlooked in the impugned order is the further say of learned DSGI.
[5] Issue notice to respondents. [6] Mr. Ng. Jotindra Luwang, learned counsel on the VC
platform and Ms. Geetarani Waikhom, learned counsel in the physical Court accept notice for R1 to R8, R10 to R16, R18 to R21, R23 to R25 and R27 to R29.
[7] As regards R9, R17, R22, R26, R30, R31 and R32 notice returnable by 26.03.2026. Dasti notice permitted.
[8] As regards interim order that has been sought for in captioned miscellaneous case (MC), we heard the learned counsel for the caveators. Learned counsel for caveators very fairly submitted that a contempt case in Cont.Cas(C)No. 139 of 2025 has been filed for non- compliance qua impugned order, the same is pending but the contempt case petitioners will not pursue the contempt case for the present and await the outcome in the main WA. This submission is recorded as an undertaking given to this Court by caveators. In view of this fair submission/undertaking of learned counsel for caveators, recording of this stated position of learned counsel for caveators will suffice qua interim order.
[9] List under the cause list caption 'NOTICE REGARDING ADMISSION' on 26.03.2026.'
[2] In the hearing today, Mr. N. Nongdamba, learned State counsel
for appellants led by Mr. Kh. Samarjit, learned senior advocate and Deputy
Solicitor General of India (DSGI) is before us in the physical Court.
[3] Learned DSGI draws our attention to paragraphs 6 & 7 of earlier
proceedings dated 19.02.2026.
[4] As regards respondent Nos. 1 to 8, 10 to 16, 18 to 21, 23 to 25
and 27 to 29, Mr. Ng. Jotindra Luwang, learned counsel is before us on the
Video Conferencing (VC) platform and his colleague Ms. W. Geetarani,
learned counsel is before us in the physical Court.
[5] As regards paragraph 7, Mr. N. Nongdamba, learned State
counsel for appellants made an endorsement giving up Respondent Nos. 30,31 & 32 and a scanned reproduction of this endorsement made by learned
counsel on record for appellants in the case file in this regard is as follows:
[6] As regards respondent Nos. 9, 17, 22 & 26, learned counsel on
record for appellants submits that he could not take steps for service owing
to certain difficulties, expresses regret for the same and requests for fresh
notice to be ordered.
[7] Fresh notice to respondent Nos. 9,17,22 & 26, returnable by
28.04.2026. Dasti notice permitted.
[8] List on 28.04.2026.
JUDGE CHIEF JUSTICE
John Kom
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