N. Herachandra Singh vs State Of Manipur

[1] Heard Shri N. Jotendro, learned Sr. Advocate appearing for the petitioners and Shri Th. Vashum, learned Government Advocate appearing for the

respondents.

[2] By the instant writ petition, the petitioners have prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to

declare the result of the Screening Committee Meeting held on 28-03-2017 as per the direction of this Court passed in WP(C) No.372 of 2015.

[3.1] According to the petitioners, they are the un-approved teachers and chowkidars of the Government Aided Private Schools.

[3.2] In the year 1978, the Government of Manipur took over 682 Aided Primary Schools by converting them into Government Schools vide order

dated 13-04-1978. While taking over the said Schools, only an approved teachers and chowkidars were allowed to be absorbed as the Government

employees. In the process of taking over, the services of those un-approved teachers and chowkidars were left out which prompted them to approach

the authority but to no effect.

[3.3] When the Government of Manipur neglected for a long time the claims of the petitioners, they through their association filed a writ petition being

CR No.73 of 1982 and thereafter, they also filed a writ petition being WP(C) No.372 of 2015 which was finally disposed of on 22-07-2016 by this

Court directing the respondents to re-consider their cases. In compliance with the order dated 22-07-2016, the Deputy Secretary, Education (S),

Government of Manipur vide its letter dated 21-09-2016 requested the Director of Education/S to constitute a Screening Committee so that the cases

of the petitioners could be considered for absorption.

[3.4] About ten persons who claimed to be similarly situated with the petitioners, filed a writ petition being WP(C) No.793 of 2016 which was disposed

of with the direction that the respondents should consider their cases.

[3.5] The meeting of the Screening Committee was held on 28-03-2017 for consideration for absorption of the petitioners as regular employees but the

result thereof was not declared at all. The petitioners approached the authorities for declaration of the result of the Screening Committee by submitting

a representation dated 13-12-2018 but the same was not considered with the result that the petitioner filed a writ petition being WP(C) No.1200 of

2018 which was disposed of with the direction to consider and dispose of their representation dated 13-12-2018. The Deputy Secretary, Education (S),

Government of Manipur vide its letter dated 14-2-2019 directed the Director of Education (S), Manipur to expedite the matter. Since the direction of

this Court was not complied with, a contempt case being Contempt Case No. 34 of 2019 was filed which was disposed of on the basis of the

Government’s order dated 28-03-2019 furnished to their counsel which was produced before the Court. However, the order dated 28-03-2019

was not a complete compliance with the Court’s order but it was an eye-wash to this Court for buying valuable time of the petitioners. Being

aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioners.

 [4] In the affidavit filed on behalf of the respondents, it was not denied that the Screening Committee was constituted vide order dated 15-11-2016

to consider the cases of the petitioners. All that have been stated therein, are that before the Screening Committee could complete its proceedings, all

the members including the Chairman had been transferred out from the Department. Therefore, it was felt necessary to reconstitute another

Screening Committee in order to reconsider the cases of the petitioners. It has further been stated that the Directorate of Education (S), Manipur

issued a speaking order dated 28-03-2019 disposing of the representation dated 13-12-2018.

[5] Denying the averments made in the affidavit filed on behalf of the respondents, it has been stated by the petitioners in their rejoinder affidavit that

the order dated 28-03-2019 issued by the Directorate of Education (S), Manipur could not be said to have been issued in compliance with this

Court’s order dated 21-12-2018 and it was nothing but a request made to its higher authorities. It has also been stated that the Screening

Committee held its last meeting on 28-03-2017 at the chamber of the then Director of Education(S), Manipur wherein the cases of the petitioners had

been considered by examining the identity proofs, educational certificates and other relevant documents as is evident from the draft proceedings filed

along with the writ petition as Annexure-A/4. According to the petitioners, there is no need of re-screening the documents of the petitioners, when it

has already been done and only the result thereof is required to be declared at the earliest possible.

[6] It is not in dispute that the petitioners are unapproved teachers and chowkidars of some of the Government Aided Private Schools. They

approached this Court by way of WP(C) No.372 of 2015 wherein the stand of the State Government was that since they had been considered, there

was no need of further considering them and in response thereto, it was submitted on behalf of the petitioners that similarly situated persons had been

considered vide order dated 16-12-1988 of the State Government. This Court passed the order dated 22-07-2016 directing the respondents to consider

the cases of the petitioners in terms of the order dated 16-12-1988. In order to comply with the said Court’s order dated 22-07-2016, the Under

Secretary, Education(S), Government of Manipur vide its letter dated 21-09-2016 requested the Director of Education(S), Manipur to constitute a

Screening Committee which was duly constituted. The Screening Committee appears to have held its meeting on 28-03-2017 as is evident from the

unsigned proceeding filed therewith as Annexure-A/4 and examined the petitioners along with their relevant documents. It further appears that the

said proceedings of the Screeining Committee could not be finalized on account of the transfer of the members including the Chairman, because of

which two of the petitioners submitted their representations dated 13-12-2018 to the Director of Education(S), Manipur for taking up necessary action

for declaration of the result of the meeting of the Screening Committee. Being aggrieved by the inaction on the part of the respondents, WP(C)

No.1200 of 2018 came to be filed by said two persons who submitted the said representations, which were disposed of by this Court on 21-12-2018

directing the respondents to consider and dispose of the said representations. As this Court’s order dated 21-12-2018 was not complied with, a

contempt case No.34 of 2019 was filed and while the contempt was being considered, a copy of the order dated 28-03-2019 issued by the Director of

Education(S), Manipur was produced before this Court and accordingly, the contempt case stood closed by this Court.

[7] The Government order dated 28-03-2019 is reproduced herein below:

GOVERNMENT OF MANIPUR

DIRECTORATE OF EDUCATION(S)

ORDERS

Imphal, the 28th March, 2019

No.2,388/2018-ED(S): Whereas Shri Herachandra Singh & Anr filed a Writ Petition being W.P(C) No.1200 of 2018 before the Hon’ble High

Court of Manipur, which was disposed of on the 21st December, 2018 directing the respondent No.2 to consider and dispose of both the

representations both dated 13.12.2018 by a speaking order within a period of 2 months from the date of receipt of a copy of the order of this Court.

And, whereas both the representations dated 13.12.2018 as referred to the above order of the Hon’ble Court as annexed to the writ petition as

ANNEXURE-A/5 (Series) were of the request for declaration of the result of the Screening Committee held on 28th March, 2017.

And, in compliance with the order dated 22-07-2016 and 28- 07-2016 of the Hon’ble High Court passed in W.P (C) No.372 of 2015 and in

pursuance of the approval of the Government conveyed under letter No.12(HC)/76/2015-SE(S) dated 21st September, 2016, the said Screening

Committee was constituted vide this Office Order No.46/17/2014-ED(G) dated 15/11/2016 in order to reconsider the case of the petitioners only in

terms of the Government order being No.14/5/77-SE(S) pt. dated 16th December, 1988. However, the said Screening Committee could not conclude

their findings since the 3 (three) members including the Chairman had been transferred out from the Department.

And, whereas in consideration of compelling situation as stated hereinabove, it was felt necessary and appropriate for reconsideration of another

Screening Committee in order to reconsider the case of the petitioners, for which approval of the Government being sought.

Now, therefore, after due consideration of the aforementioned representations dated 13-12-2018 enclosed as ANNEXURE-A/5 (Series) to the writ

petition scrupulously, both the representations dated 13.12.2018 are disposed of to the effect that the prayers made in the said representations shall be

considered on immediate receipt of the approval of the Government to the findings of the Screening Committee to be reconstituted with the approval

of the Government.

This is issued in compliance with the order dated the 21st December, 2018 of the Hon’ble High Court passed in the W.P (C) No.1200 of 2-018.

(W. Manglemnganba)

Director of Education(S)

On perusal of the above order, there are two points which can be noted by this Court-one, the Screening Committee could not conclude their findings/

proceedings, as their members including the Chairman had been transferred out from the Department and two, it was felt necessary and appropriate

for reconstitution of another Screening Committee in order to reconsider the case of the petitioners with the approval of the Government. While

disposing of the representations, it was stated that the prayers made therein would be considered on immediate receipt of the approval of the

Government to the findings of the Screening Committee to be reconstituted with the approval of the Government. Even after a lapse of more than two

years from the date of issuing the order dated 28-03-2019, the State Government appears to have not reconstituted the Screening Committee. The

reconstitution of a Screening Committee is a must and is indispensable for the reason that this Court’s order dated 22-07-2016 had not been

effectively complied with by the respondents. The direction as contained in this Court’s order dated 22-07-2016, is that the respondents shall

consider the case of the petitioners in terms of the Government order dated 16-12-1988 within a period of three months from the date of receipt of a

copy of the said order and it remains un-complied with and un-implemented by the respondents even after a lapse of more than four years which is

unfortunate. It may be noted that in the Constitution of India, the High Court is conferred with wide discretionary power and jurisdiction to decide an

issue which is brought before it and once the High Court decides such an issue by passing an appropriate order/ judgment, it ought to be complied with

by all concerned, if it is not quashed and set aside in an appeal being preferred against it. In the present case, no material has been brought on record

by either of the parties to show that the order dated 22-07-2016 passed by this Court has been quashed and set aside by the appellate forum.

[8] In view of the above, the instant writ petition stands disposed of with the direction that the respondents and in particular, the Director of

Education(S), Manipur shall reconstitute a Screening Committee to consider the case of the petitioners as directed by this Court in its earlier orders

including the order dated 22-07-2016, within a period of one month from the date of receipt of a copy of this judgment and order and shall take

appropriate action/ decision immediately thereafter in accordance with law.