Manipur High Court
Langpoklakpam Kamal & Anr vs State Of Manipur & 4 Ors on 8 April, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
KHOIROM Digitally signed by Item No. 1 & 7
KHOIROM
BIPINCHAN BIPINCHANDRA SINGH
Date: 2025.04.11
IN THE HIGH COURT OF MANIPUR
DRA SINGH 14:01:36 +05'30'
AT IMPHAL
W.A. No. 105 of 2022
With
W.A. No. 103 of 2022
Langpoklakpam Kamal & Anr.
... Appellants
- Versus -
State of Manipur & 4 Ors.
... Respondents
BE FO R E
HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
O R D E R
08.04.2025
[D. Krishnakumar, CJ]
[1] Heard Mr. BP Sahu, learned senior counsel assisted by Ms. Loha
Liirina, learned counsel appearing for the appellants, Mr. HS Paonam, learned
senior counsel assisted by Mr. A. Arunkumar, learned counsel appearing for the
respondent No. 5 and Mr. M. Rarry, learned senior counsel assisted by Ms.
Nikita, learned counsel appearing for the respondents No. 1 & 2.
[2] The appellants filed writ petitions being W.P.(C) No. 968 of 2021
and W.P.(C) No. 569 of 2022 challenging the impugned dissolution order dated
29.09.2021 withdrawn under Section 27(d) of the Manipur Education Code,
1982 and subsequently order dated 27.11.2021 issued by the Deputy Secretary
(Hr. & Tech. Edn.) Government of Manipur; order dated 29.11.2021 passed by
the Director of University & Higher Education, Government of Manipur and order
dated 18.12.2021 passed by the Principal in-Charge, Naorem Birahari College,
Khundrakpam.
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[3] The aforesaid writ petitions have been filed by the appellants
before this Court by contending that the said dissolution order dated 29.09.2021
of the Director of University & Higher Education, Government of Manipur is
illegal and without any justification and the writ petitions came to be taken for
hearing, but the same were dismissed on 20.09.2022 and challenging the
aforesaid order of the Writ Court, the appellants have filed writ appeal before
this Court being W.A. No. 103 of 2022 and another writ appeal being W.A. No.
105 of 2022 has also been filed before this Court against the order for extending
the term of Caretaker Governing Body for another period of 3 (three) months.
[4] According to the learned counsel appearing for the appellants, at
the time of taking up the matter for admission, interim order was granted by a
Division Bench of Meghalaya High Court vide order dated 03.03.2023 which
reads as follows:
“It is ultimately found that the relevant governing body had been
illegally dissolved, the remainder of the tenure of such governing body
would be restored to it, irrespective of time running out.”
Subsequently, the aforesaid appeals have been transferred before
the High Court of Manipur i.e. W.A. No. 103 of 2022 and W.A. No. 105 of 2022
and the appeals along with applications being MC(WA) No. 164 of 2022 and
MC(WA) No. 165 of 2022 have been taken up for hearing by the Division Bench
of this Court for interim suspension of the aforesaid order dated 20.09.2022
passed by the Ld. Single Judge.
[5] When the matter is taken up for final hearing, the learned senior
counsel appearing for the appellants submit that the Government has passed
order for appointment of the appellants as Governing Body vide order dated
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02.03.2021 and subsequently, the aforesaid order was dissolved by the
respondents authority without giving any prior show cause notice to the
appellants and therefore, the instant writ appeals have been filed before this
Court.
[6] According to the learned senior counsel appearing for the
appellants, the Ld. Single Judge dismissed the writ petition without considering
the contentions of the appellants and further, it is submitted that the appellant
is a Governing Body constituted vide order dated 02.03.2021 and the tenure of
the said period is for 3 (three) years as per the Manipur Education Code, 1982.
According to the appellants, though the aforesaid period expired
in March, 2024, the prayer have to be considered for extending the tenure.
[7] Mr. HS Paonam, learned senior counsel appearing for the
respondent No. 5 and Mr. M. Rarry, learned senior counsel appearing for the
respondents No. 1 & 2 strongly objected that as per the Manipur Education
Code, Section-IV(10)(a)(vii), the period of tenure is 3 (three) years. The
aforesaid period of 3 (three) years expired on 02.03.2024. Therefore, the same
cannot be extended to the appellants.
Further, the learned senior counsel appearing for the respondent
No. 5 submits that while pending the writ petition before this Court, the
appellants have not obtained any interim order. Subsequently, the writ petitions
came up for hearing and the same was dismissed on 20.09.2022 and also
subsequently, the Government of Manipur passed the order dated 06.10.2022
for constituting new Governing Body appointing new members for a period of 3
(three) years as per the Manipur Education Code, 1982.
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[8] Further, it is admitted that the appellants have not challenged the
aforesaid order dated 06.10.2022 passed by the Government of Manipur. The
newly appointed Governing Body has also not been impleaded as necessary
party in the aforesaid writ appeals.
According to them, the aforesaid writ appeal is liable to be
dismissed on the ground that the new Governing Body is not impleaded as
necessary parties in the writ appeal. Therefore, he seeks to dismiss the appeals
as not maintainable, without going into merit of the case.
[9] Mr. HS Paonam, learned senior counsel appearing for the Principal
of the Naorem Birahari College, Khundrakpam submits that on the aforesaid
ground, the present writ appeals are not maintainable and liable to be
dismissed.
[10] Considering the submission, the appeals cannot be entertained to
decide, without going into merit of the case.
We have to consider that firstly, the primodial contention as raised
by the respondents that the writ petition under writ appeal is not maintainable.
Therefore, the said issue is to be decided in the appeal. According to the learned
senior counsel appearing for the appellants that the Government of Manipur by
its order dated 02.03.2021 appointed the appellants as Governing Body for the
respondent College and subsequently, the Governing Body was dissolved by its
order dated 29.09.2021. The appellants are challenging the order dated
29.09.2021 and the subsequent orders in W.P.(C) No. 968 of 2021 and also filed
writ petition being W.P.(C) no. 569 of 2022 challenging the order for extending
the term of Caretaker Governing Body for another period of 3 (three) months.
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Both the petitions came up and dismissed by the Writ Court. Challenging the
said order, the instant writ appeals have been filed before this Court.
[11] According to the learned senior counsel appearing for the
appellants, though he made submission that the said order dated 29.09.2021 is
unsustainable in the eyes of law and without providing any show cause notice
to the appellants. It is admitted that subsequently, the State of Manipur,
respondent herein quashed the subsequent order dated 06.10.2022 by re-
constituting the new Governing Body for a period of 3 (three) years as per the
Manipur Education Code, 1982 and further, the appellants have not obtained
any interim order to the writ petition. Subsequently, the interim order passed
by the Division Bench of Meghalaya High Court in the aforesaid writ appeal is
that if it is ultimately found that the relevant governing body had been illegally
dissolved, the remainder of the tenure of such governing body would be
restored to it, irrespective of time running out.
The interim order passed by the Court has been relying upon by
the appellants that the entitlement for continuation of the remaining tenure of
the Governing Body of the respondents College. But the specific contention has
been raised by the respondents that the said order dated 06.10.2022 re-
constituting new Governing Body was not placed before the Division Bench at
the time of granting the interim order. The appellants have not challenged the
said order and also not impleaded them as necessary parties in the writ petitions
or writ appeals. There is some force on the contention of the respondents that
the appellants have knowledge about the said order dated 06.10.2022. But,
there has been no question before the authority or before this Court.
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Prima facie we are of the view that the prayer as sought by the
appellants in the writ petitions or writ appeals are not maintainable and
therefore, the writ appeals are liable to be dismissed on the aforesaid grounds
of not being impleaded the appellants as necessary parties in the writ petitions
or writ appeals.
[12] Secondly, the tenure of the appellants expired on 02.03.2024
under Section-IV(10)(a)(vii) which prescribed the tenure of 3 (three) years. The
relevant provision of the section is extracted herein below:
“Section-IV(10)(a)(vii) :
10. A college applying for grant-in-aid must be registered as a
Society under the Societies Registration Act 1880 or a Public Trust under
any law for the Society shall consist of members nor exceeding 11 in
number which shall included:-
(a)(vii) The term of the Governing Body should be three years.
Action should be taken by the Governing Body, failing which by
the Principal to constitute a new Governing Body before the
expiry of the term of the outgoing Governing Body so as to
enable the new Governing Body to take over charge from the
outgoing Governing Body immediately, on the expiry of the term
latter.”
The said period of 3 (three) years is now being expired for the
appellants and therefore, the Court cannot extend further period of tenure as
sought in the writ petitions or writ appeals, and the same is also not permissible
in the eyes of law. Besides that, the newly re-constituted Governing Body is
being now taken charge from the date of order passed on 06.10.2022 and the
period will expire only on 06.10.2025.
[13] On the aforesaid reasons, we are not inclined to accept the
contention of the appellants and therefore, there is no force to interfere the
order of the Writ Court and the appeals are liable to be dismissed.
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[14] However, the learned senior counsel appearing for the appellants
would submit that after expiring the tenure of new Governing Body on
06.10.2025 and appellants being considered for the next tenure, this aspect is
concerned, the learned senior counsel for the State states that can be
considered for the next tenure in accordance with the aforesaid rules.
[15] Considering the facts and circumstances of the case, we are of the
view that there is no reason to interfere with the order of the Writ Court and
therefore, the writ appeals are liable to be dismissed. Interim order, if any,
merges with the final order.
[16] Accordingly, the instant writ appeals stand dismissed. No costs.
JUDGE CHIEF JUSTICE
Bipin
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