Allowed

Thiyam Ramsing Singh v. Sarangthem Indira Devi and 2 Others

Manipur HC9 Nov 2021MC(WP(C))/17/2021

Case brief

AI extract

What is this about?

The High Court vacated an interim order staying the appointment of a selected candidate to the post of Associate Professor. The Court found no evidence of mala fide ineligible status of the petitioners applicant of eligibility of the selected candidate, and held that continuing the stay would negatively affect students academic career noted the order is subject to the outcome of the main writ peti

What did the court decide?

The interim order dated 19.3.2020 staying the appointment was vacated; M.C. W.P. (C) Nos. 14 and 17 of 2021 were allowed.

Thiyam Ramsing Singh Vs Sarangthem Indira Devi and… — Education and Admissions | Manipur HC (2021)

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SHAMURAIL ATPAM SUSHIL SHARMA

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Digitally signed by SHAMURAILATPA IN THE HIGH COURT OF MANIPUR M SUSHIL SHARMA AT IMPHAL Date: 2021.11.10 17:20:26 +05'30' MC(WP (C)) No. 14 of 2021

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MC(WP (C)) No. 14 of 2021

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Ref:- WP(C) No. 193 of 2020

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The Manipur University represented by the ViceChancellor, M.U., Canchipur, P.O. Manipur University, P.S. Singjamei, Imphal West District, Manipur-795003.

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The Registrar, Manipur University, Canchipur, P.O. Manipur University, PS Singjamei, Imphal West District, Manipur-795003.

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... Applicants

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- Versus -

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Dr. Sarangthem Indira Devi, aged about 45 years, D/o (L) S. Jogendra Singh, resident of House of Handloom Products, Nagamapal RIMS Road, P.O. & P.S. Imphal, Imphal West District, Manipur795001.

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...... Respondent

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Thiyam Ramsingh Singh, aged about 45 years, through the office of the Registrar, Manipur University, Canchipur, P.O. Manipur University, P.S. Singjamei, Imphal West District, Manipur795003.

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... Proforma Respondent

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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MC(WP (C)) No. 17 of 2021 Ref:- WP(C) No. 193 of 2020

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Thiyam Ramsing Singh, aged about 45 years, through the office of the Registrar, Registrar, Manipur University, Canchipur, P.O. Manipur University, P.S. Singjamei, Imphal West District, Manipur-795003.

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... Applicant

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- Versus -

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Dr. Sarangthem Indira Devi, aged about 45 years, D/o (L) S. Jogendra Singh, a resident of House of Handloom Product, Nagamapal RIMS Road, P.O. & P.S. Imphal, Imphal West District, Manipur-795001.

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... Respondent

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The Manipur University represented by the Vice Chancellor, M.U. Canchipur, P.O. Manipur University, P.S. Singjamei, Imphal West District, Manipur795003.

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The Registrar, Manipur University, Canchipur, P.O. Manipur University, P.S. Singjamei, Imphal West District, Manipur-795003.

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... Official Respondents

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B E F O R E HON’BLE MR. JUSTICE MV MURALIDARAN

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For the Applicants :: Mr. BP Sahu, Sr. Advocate in MC(WP(C)) No. 14 of 2021;

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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		Mr. M. Gunedhor, Advocate in MC(WP(C)) No. 17 of 2021.
For the respondents	::	Mrs. G. Pushpa, Advocate.
Date of Hearing &
Reserving Judgment & Order	::	26.10.2021.
Date of Judgment & Order	::	09.11.2021

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JUDGMENT & ORDER (CAV)

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M.C.(WP(C)) No.14 of 2021 has been filed by the applicants seeking to vacate the interim order dated 19.3.2020 passed in W.P.(C) No.193 of 2020 so as to enable the applicants to appoint the successful candidate to the post of Associate Professor in the Department of Biotechnology, Manipur University (1-UR) under Advertisement No.3/19 dated 27.5.2019.

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M.C.(WP(C)) No.17 of 2021 has been filed by the applicant - Thiyam Ramsing Singh seeking to vacate the same interim order dated 19.3.2020 passed in W.P.(C) No.193 of 2020.

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The applicants in M.C.(WP(C)) No.14 of 2021 are the Vice-Chancellor and the Registrar of Manipur University. The first respondent is the writ petitioner and the second respondent is the

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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proforma respondent who is the applicant in M.C.(WP(C)) No.17 of 2021.

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The case of Manipur University is that the writ petitioner filed the writ petition with the prayer to nullify the list of candidates approved by the Executive Council in its meeting held on 14.3.2020 for appointment of the third respondent Thiya Ramsing Singh to the post of Associate Professor (1-UR) in the Department of Biotechnology. When the writ petition was listed on 19.3.2020 for admission, while issuing notice, this Court passed an interim order not to give appointment to the third respondent to the post of Associate Professor (1-UR) in the Department of Biotechnology till the next returnable date and in view of the said interim order, the appointment of the third respondent is being put on hold.

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The writ petitioner filed affidavit-in-opposition stating that any appointment if to be issued in view of the impugned result, the writ petitioner, who is a well qualified person for consideration of her appointment to the post of Associate Professor (1-UR), Department of Biotechnology, shall suffer an irreparable loss. It is stated that the writ petitioner is more eligible than the third respondent. However, by way of playing favoritism and nepotism the writ petitioner has been rejected

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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by the inaction of the authority of Manipur University. It is also stated that before filing W.P.(C) No.193 of 2020, the writ petitioner has also filed W.P.(C) No.177 of 2020 challenging the final list of eligible candidates for appointment to the post of Professor (1-UR), 2 post of Associate Professor (1-UR, 1-SC) in the Department of Biotechnology as the same was issued in violation of the UGC norms and Ordinance 19 of Manipur University. In W.P.(C) No.177 of 2020, this Court granted an interim order on 6.3.2020 and despite proper communication of the order dated 6.3.2020, the official respondents issued the Executive Council decision dated 14.3.2020 under which the third respondent has been selected to the post of Associate Professor (1-UR). The writ petitioner having left with no alternative had approached this Court by filing W.P.(C) No.193 of 2020 praying for staying the Executive Council’s decision dated 14.3.2020.

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The case of the third respondent is that the list of candidates approved by the Executive Council in its meeting held on 14.3.2020 for the appointment of the third respondent to the post of Associate Professor (1-UR) in the Department of Biotechnology has already been issued and based on the third respondent’s overall qualifications and credentials, he was selected as the best and suitable candidate from all the other candidates. Since the appointment of the

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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third respondent to the post of Associate Professor, Biotechnology Department has been stayed, his right to be appointed as Associate Professor in the Biotechnology Department has been infringed.

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The learned counsel for the applicant Manipur University submitted that since the result has been declared on 14.3.2020 for appointment to the post of Associate Professor (1-UR) in the Department of Biotechnology, the issuance of the appointment order to the successful candidate namely the third respondent is necessary and make the appointment accordingly so that academic career of the students may not be affected as the teaching faculties of Biotechnology Department are already in shortage of teachers.

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The learned counsel further submitted that the interim order of this Court dated 19.3.2020 is required to be vacated as the writ petition has been filed by an ineligible candidate. In other words, the writ petition has been filed by a deselected candidate for the interview.

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Similarly, the learned counsel for the third respondent submitted that the Executive Council approved the appointment of the third respondent to the post of Associate Professor (1-UR) in the Department of Biotechnology and based on the qualifications

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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possessed by the third respondent, he was selected from all other candidates for the said post.

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The learned counsel further submitted that the writ petitioner has not questioned the third respondent’s eligibility, qualifications and suitability for the selection and appointment as Associate Professor in Biotechnology Department. As such there is no dispute to the eligibility, qualification and suitability of the third respondent. He would submit that since the third respondent is a qualified candidate than the writ petitioner, there is no reason to continue the interim order dated 19.3.2020.

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The learned counsel for the third respondent vehemently argued that the writ petitioner being unsuccessful candidate where her application was rejected at the threshold for non-compliance of certain requirements, she cannot challenge the entire selection as nullified. Hence, the learned counsel prayed to vacate the interim order dated 19.3.2020 passed in W.P.(C) No.193 of 2020.

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On the other hand, the learned counsel for the writ petitioner submitted that the writ petitioner Dr.Sarangthem Indira Devi is more eligible than the third respondent Thiyam Ramsingh Singh.

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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However, by playing favoritism, the candidature of the writ petitioner has been rejected by the inaction of the authority of Manipur University.

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Taking through the interim order passed in W.P.(C) No.177 of 2020, the learned counsel for the writ petitioner submitted that despite proper communication of the interim order dated 6.3.2020 passed in the said writ petition by way of a legal notice dated 9.3.2020, the respondents 1 and 2 in the writ petition issued the Executive Council decision dated 14.3.2020 under which the third respondent has been selected for appointment to the post of Associate Professor (1-UR) in Biotechnology Department, Manipur University. The learned counsel further submitted that by the interim order dated 6.3.2020, this Court directed till the next returnable date, the respondents in the writ petition not to declare the interview result of the post of Professor (UR) in the Department of Biotechnology and Associate Professor (UR) in the same Department.

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The learned counsel next submitted that the interim order dated 6.3.2020 is still in force and no application for vacating the said order has been filed either by Manipur University or the third respondent. In fact, the present applications for vacating the interim

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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order dated 19.3.2020 have been filed concealing the said material facts and therefore, the same are to be dismissed.

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By placing reliance upon the decision of the Hon’ble Supreme Court in the case of Commissioner, Karnataka Housing Board v. C.Muddaiah, reported in (2007) 7 SCC 689, the learned counsel for the writ petitioner submitted that once direction is issued by the Court, it has to be obeyed and implemented without any reservation. However, in this case, the respondent authorities in the writ petition failed to obey the interim order dated 19.03.2020 and instead, they have appointed the third respondent as Associate Professor in Biotechnology Department.

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This Court considered the submissions made by the learned counsel appearing on either side and also perused the materials available on record.

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The Vice-Chancellor and Registrar of Manipur University have filed M.C.(WP(C)) No.14 of 2021 mainly on the ground that the result was declared on 14.3.2020 for filling up the post of Associate Professor (1-UR) in the Department of Biotechnology and the successful candidate needs to be appointed so that the academic career of the students may not be affected as the teaching faculty of

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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Biotechnology Department are already in shortage. Further, the interim order dated 19.3.2020 passed in the writ petition is required to be vacated as the petitioner is an ineligible candidate to seek appointment in the post of Associate Professor (1-UT), Biotechnology Department in Manipur University.

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Likewise, the third respondent seeks to vacate the interim order dated 19.3.2020 passed in W.P.(C) No.193 of 2020 on the ground that based on the overall qualifications of the third respondent, he was selected for the post of Associate Professor in the Biotechnology Department. However, since the appointment of the third respondent has been stayed by this Court’s order dated 19.3.2021, his right to be appointed as Associate Professor has been infringed.

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The reliefs sought in W.P.(C) No.193 of 2020 are as

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follows:

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“ … calling upon the respondents to show cause as to why a writ order / direction in the nature of Writ / order / directive (s) should not be issued for nullifying the List of candidates approved by the Executive Council in its meeting held on 14.03.2020 for appointment of Sri Thiyam Ramsing Singh to the post of Associate Professor (1-UR) in the Department of

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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Biotechnology, Manipur University in spite of the Hon’ble Court’s order dated 06.03.2020 passed in W.P.(C) No.177 of 2020.”

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Before filing W.P.(C) No.193 of 2020, the writ petitioner has filed W.P.(C) No.177 of 2020 and the relief sought is as follows:

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“… calling upon the respondents to show cause as to why a writ order/direction in the nature of Writ/order/directive(s) should not be issued for nullifying the List of candidates for the post of Professor (1-UR) and 2 posts of Associate Professor (1-UR, 1-SC) in the Department of Biotechnology, Manipur University proposed to be held on 10.03.2020 or to set aside the impugned advertisement dated 27.05.2019 for the post of Professor and Assistant Professor (Biotechnology) …. and to direct the respondents to issue fresh list of eligible candidates as per the UGC Regulation and Ordinance No.19 of Manipur University.”

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When W.P.(C) No.177 of 2020 came up for admission on

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06.3.2020, this Court passed the following interim order:

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“Heard Mrs. G.Pushpa, learned counsel for the petitioner.

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Issue notice.

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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Ms.Usharani, learned counsel assisting Mr. BP Sahu, learned senior counsel for the Manipur University enters appearance on behalf of the respondents.

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Accordingly, notice on the respondents are complete.

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Respondents are allowed to file counter affidavit.

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List the matter again on 27.03.2020.

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Till the next returnable date, respondents are directed not to declare the interview result of the post of Professor (UR) in the Department of Biotechnology and Associate Professor (UR) in the Department of Biotechnology.”

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Similarly, when W.P.(C) No.193 of 2020 came up for admission on 19.03.2020, this Court passed the following interim order:

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“Heard Mrs. G.Pushpa, learned counsel for the petitioner.

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Issue notice.

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Mr.Deepak Prasad Sahu, learned counsel enters appearance on behalf of respondent Nos.1 & 2.

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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Petitioner to take steps for service of notice on respondent No.3 by speed post within one week from today.

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List the matter again on 22.04.2020.

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In the interim, the respondents are directed not to give appointment to the private respondent No.3 to the post of Associate Professor (1-UR) in the Department of Biotechnology till the next returnable date.”

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In W.P.(C) No.193 of 2020, the writ petitioner averred that

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in spite of the interim order passed by this Court in W.P.(C) No.177 of 2020, the office of the second respondent issued the impugned list of candidates for appointment to the post of Associate Professor (1-UR), Biotechnology, Manipur University, which is not at all valid and admissible since this Court had directed not to declare the result of the selection test for the post of Professor and Associate Professor, Biotechnology in view of the advertisement dated 27.05.2019.

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In W.P.(C) No.177 of 2020, the writ petitioner averred that

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she being eligible for the post of Professor as well as for the post of Associate Professor as per the advertisement dated 27.5.2019 had applied for both the posts in Manipur University and submitted applications along with her complete credentials. However, while

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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notifying the list of eligible candidates by the office of the Registrar, the name of the petitioner has not been found to be included and she is very much eligible for appointment either to the post of Professor, Biotechnology or the Associate Professor, Biotechnology and the noninclusion of her name is not only arbitrary but also discriminatory. Since the petitioner Dr.Sarangthem Indira Devi canvassed her case that she being eligible to be appointed either to the post of Professor or Associate Professor in the Department of Biotechnology and some ineligible individuals have been shortlisted by the Registrar, Manipur University for the said posts, she has to prove her eligibility through proper documentary evidence. She cannot take advantage of the interim order dated 6.3.2021 granted in her favour and submit that despite the said interim order, the respondent authorities issued the Executive Council decision dated 14.3.2020 by which the third respondent has been selected for appointment to the post of Associate Professor (1-UR). The interim order dated 6.3.2021 has been passed without hearing Manipur University. There is also no proof filed by the petitioner to show that the said interim order dated 6.3.2021 has been duly communicated to Manipur University.

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Challenging the impugned decision of the Executive Council, the writ petitioner filed W.P.(C) No.193 of 2020 and when the

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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matter is taken up for admission, on 19.3.2020, this court passed an interim order directing Manipur University not to give appointment to the third respondent to the post of Associate Professor (1-UR) in the Department of Biotechnology. Admittedly, the said order dated 19.3.2020 has also been passed without hearing Manipur University or the third respondent.

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The immediate need for appointing the third respondent to the post of Associate Professor (1-UR) in Biotechnology Department has been clearly stated by the applicant Manipur University in paragraph 6 of the affidavit filed in support the petition in M.C.No.14 of 2021.

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Since the writ petitioner questioned the very selection of the candidates for the post of Professor and Associate Professor in the Biotechnology Department and since the appointment given to the third respondent as Associate Professor (1-UR) has been questioned by the writ petitioner in the writ petition, any interim order passed relating to the appointment would definitely affect the person so selected. As stated supra, the applicant Manipur University contend that the writ petitioner is an ineligible candidate for the post and therefore, the interim order dated 19.3.2020 needs to be vacated. The eligibility and

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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ineligibility of the writ petitioner can only be decided at the final decision of the writ petitions.

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From the materials available on record, it is seen that the writ petitioner has not questioned the third respondent’s eligibility and suitability for the selection and appointment as Associate Professor. There is also no dispute as to the eligibility and suitability of the third respondent for appointing to the post of Associate Professor in the Department of Biotechnology.

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By the impugned decision of the Executive Council dated 14.3.2020, names of 11 candidates were approved for appointment to the posts of Associate Professor, Assistant Professor and Registrar respectively in the Departments of Statistics, Chemistry, Computer Science, Biotechnology, sociology and Education respectively. Admittedly, nothing has been produced at this stage by the writ petitioner to show that the name of the third respondent has been included in the said list by playing favoritism.

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Prima facie , in the absence of any proof to substantiate the plea of the writ petitioner, it cannot be contended that a favour has been shown in the case of the third respondent appointing him as Associate Professor (1-UR). Moreover, the plea of the writ petitioner

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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that by disobeying the interim order, the respondent authorities appointed the third respondent as Associate Professor cannot be countenanced and therefore, the decision relied upon by the learned counsel for the writ petitioner in the case of Muddaiah (supra) has not applicable to the case of the writ petitioner.

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Since no mala fide has been shown on the part of the applicant Manipur University in selecting and appointing the third respondent to the post of Associate Professor (1-UR) in the Department of Biotechnology, the interim order dated 19.03.2020 cannot be extended any further and in the interest of justice the same is liable to be vacated. The aforesaid view of this Court is only prima facie and it will not affect the main writ petition when the same is decided on merits. That apart, as stated by the applicant Manipur University, the non-filling up of the post of the Associate Professor in the Department of Biotechnology would definitely affect the academic career of the students. Therefore, in the interest of justice and in the given facts and circumstances of the case put forth by the parties at this stage, the appointment of the third respondent to the post of Associate Professor (1-UR) in the Department of Biotechnology in Manipur University, cannot be disturbed now, however, the same is subject to the outcome

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MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

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of the main writ petition. The parties are at liberty to put forth their respective case when the main writ petition is taken up for final disposal.

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In view of the above discussions, the interim order dated 19.3.2020 granted by this Court in W.P.(C) No.193 of 2020 stands vacated and accordingly, M.C.(WP(C)) Nos.14 and 17 in W.P.(C) No.193 of 2020 are allowed. No costs.

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Registry is directed to issue copy of this order to both the parties through their WhatsApp/e-mail.

JUDGE

FR/NFR

Sushil

MC(WP(C)) No. 14 of 2021 with MC(WP(C)) No. 17 of 2021 Ref:-WP(C) No. 193 of 2020

Thiyam Ramsing Singh v. Sarangthem Indira Devi and 2 Others

Case brief

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Thiyam Ramsing Singh v. Sarangthem Indira Devi and 2 Others

Case brief

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