Registrar General High Court Of Manipur vs State Of Manipur & 3 Ors on 18 July, 2025

0
31

Manipur High Court

Registrar General High Court Of Manipur vs State Of Manipur & 3 Ors on 18 July, 2025

Author: A. Guneshwar Sharma

Bench: A. Guneshwar Sharma

                                                                 1


JOHN TELEN Digitally
           TELEN KOM
                     signed by JOHN


KOM        Date: 2025.07.22
           07:45:43 +05'30'




                                            IN THE HIGH COURT OF MANIPUR
                                                      AT IMPHAL

                                                  MC(PIL)No.18 of 2024

                               Registrar General High Court of Manipur
                                                                                       Petitioner
                                                           Vs.

                               State of Manipur & 3 Ors.
                                                                                    Respondents

BEFORE
HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR
HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

(ORDER)

(K. SOMASHEKAR, C.J.)

18.07.2025.

[1] This Misc. case proceeding has been initiated by the

Registrar General High Court of Manipur against the State of Manipur & 3

others. Whereas in this misc. case proceeding seeking for intervention to

revival of the order rendered by the Co-ordinate Bench in PIL No.7 of

2015.

[2] Whereas the Public Interest Litigation has initiated seeking

for some sort of directions from the State of Manipur to implement the

resolution taken in the meeting of the Chief Justices of the High courts in
2

India and the Chief Ministers of the States of this country held on 3rd and

4th of April 2015 for manning of the post of legal Remembrancer/Law

Secretary by an officer of the rank of District Judge. Whereas on

17.09.2019, the aforesaid PIL was closed by this Hon’ble Court due to the

acute shortage of Judicial Officers, MJS Grade-I which can be identified

and posted as Secretary (Law), Government of Manipur. At the time of

closing of the said PIL, the State Government was directed to sanction all

new or additional post of Manipur Judicial Service Grade-I, II and III so

that the requirement of District Courts is fully complied with and further

pleased to observe that thereafter, this Hon’ble Court will consider the

issue of filling up the post of Law Secretary to be manned by a Judicial

Officer.

[3] Whereas in the contentious contentions taken in this

proceeding initiated by the Registrar General High Court of Manipur by

facilitating the copy of the order annexed at vide Annexure M/1 and the

representation is annexed vide Annexure M/2 and the true copy of the

order dated 07.06.2022 bearing No.4/38/2021-Judl/L, Government of

Manipur Secretariat: Law & Legislation Affairs Department creating one

post of Secretary(Judicial) is annexed vide Annexure M/3. The true copy

of the Notice No.4/38/2021-Judl/L dated 16.03.2023 issued by the Deputy

Secretary(Law) Government of Manipur is annexed vide Annexure M/4
3

and the true copy of the High Court letter No.HCM/Misc.89-Estt(V) 8677

dated 19.04.2023 addressed to the Chief Secretary, Government of

Manipur and the Commissioner(Law), Government of Manipur is annexed

vide Annexure M/5.

[4] Subsequent to initiation of the PIL for seeking intervention of

the State of Manipur to appoint the Law Secretary posting and wherein

the said Public Interest Litigation was ended in closing by an order dated

17.09.2019 wherein it is stated that at this stage we closed the PIL with

the indication that it will be revived as and when situation provides for

deputing on MJS Grade-I Officer as Law Secretary. This observation has

been made while closing the writ petition which was filed in the nature of

PIL and therefore this application has been filed for reviving the aforesaid

order which has been rendered by the Co-ordinate Bench in the PIl which

has been initiated by the Registrar General High Court of Manipur

[5] The learned senior counsel for the Registrar General High

Court of Manipur, Mr. KH. Tarunkumar is present, similarly the learned AG

Mr. Lenin Hijam in this matter has submitted a notification dated

17.07.2025 wherein the Government of Manipur Department of Personnel

& Administrative Reforms(Personnel Division) that in exercise of the

powers conferred by proviso to Article 309 of the Constitution of India, the

Governor of Manipur hereby makes the following rules regulating the
4

method of recruitment to the post of Secretary(Judicial) in the Judicial

Division of the Law and Legislation Affairs Department, Manipur as shown

in the MPSC Form-8 and this notification consisting in all as Rules

1,2,3,4,5 & 6 as well as Form-8 wherein prescribing eligibility criteria. This

notification in rule No.6, it reveals that “these rules shall come into force

with effect from the date of publication in the Manipur Gazette”.

[6] Whereas keeping in view the submissions made by the

learned AG on behalf of the State of Manipur and also the submissions

made by the learned Senior counsel, Mr. Kh. Tarunkumar in this matter, it

is deemed appropriate this Misc. case is taken on record and the same

has been considered for reviving the order dated 17.09.2019 rendered by

the Co-ordinate Bench in the proceeding in PIL No.7 of 2015.

[7] Whereas keeping in view the notification issued by the

Government of Manipur is concerned, it is deemed appropriate that this

Misc. Case proceeding even though taken up for consideration for revival

of PIL No.7 of 2015, it does not survived for consideration in further and

therefore, this proceeding in MC(PIL)No.18 of 2024 is hereby disposed of.

[8] However, the learned AG in this matter submitting that for

consideration of the notification dated 17.07.2025 issued by the

Government of Manipur and also undertaking keeping in view the Rules 6

of the said notification wherein it is stated that “These rules shall come into
5

force with effect from the date of publication in the Manipur Gazette and

further undertakes that to that effect, he shall submit a report within one

week. Though this observation has been made in this Misc. Case

proceeding but the learned AG be directed to submit a report for

compliance of the said Rules 6 of the Notification dated 17.07.2025 in the

concerned Bench.

[9] In view of the above observations and direction, this

proceeding in MC(PIL)No.18 of 2024 is hereby disposed of.

                      JUDGE                            CHIEF JUSTICE


John Kom
 

[ad_1]

Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here