THONGAM SANATOMBA SINGH Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
Thongam Sanatomba Singh
STATE OF MANIPUR
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KH.NOBIN SINGH -
(1.) Heard Ms. G. Pushpa, learned Advocate appearing for the petitioner and Mr. Th. Vashum, learned Government Advocate for the respondents.
(2.) By the instant writ petition, the petitioner has prayed for issuing a direction to the respondents to include the name of the petitioner in the list of employees of Pombikhok Government Aided Junior High School so as to consider his appointment to the post of Hindi Matriculate Teacher.
3.1 According to the petitioner, he is a Graduate in English (Honours) as well as a Graduate in Hindi and is eligible for appointment as a Matriculate Teacher in Hindi. He was initially engaged as an Under Graduate Teacher at Pombikhok Government Aided Junior High School (hereinafter referred to as 'the School') on the recommendation of the School Management Committee (hereinafter referred to as 'the Committee') and his engagement was approved as an unapproved teacher in the said School vide order dated 20-01-2014 issued by the Secretary of the Committee.
3.2 While the petitioner was working in that capacity, the Committee issued an order dated 02-03-2014 allowing him to pursue further study by granting study leave and the period of study leave was extended till 31-08-2015 vide order dated 26-12-2014 issued by the Committee. Sometime in the year 2016, the petitioner learnt from the reliable sources that the office of the Secretary of the Committee of the School submitted the details and particulars of Shri Kh. Dhanajit Singh, son of the then ZEO, for appointment to the post of Hindi Matriculate Teacher. As no concrete information about it was available with him, the petitioner filed an application dated 12-05-2016 under the RTI for furnishing information as regards the conduct of a DPC which was kept in cold storage for some months which compelled the petitioner to prefer a RTI Appeal dated 26-08-2016. The Addl. Director of Education(S)/ SPIO, Government of Manipur wrote a letter dated 10-10-2016 to the petitioner furnishing the information that the DPC was held on 26- 09-2016 and that although the result thereof had been declared, the appointment order had not been issued, as the Committee was nonfunctional due to pending Court case. On coming to know about the illegal DPC being held, the petitioner got a legal notice dated 22-10- 2016 being sent by his Advocate.
3.3 The petitioner filed a writ petition being WP(C) No.139 of 2017 wherein this Court passed an interim order dated 22-02-2017 directing that no appointment should be made in terms of the impugned notice dated 12-09-2015 till the returnable date which was extended from time to time by this Court. In spite of the said interim order being passed by this Court, the State Government prepared the pay and allowances under the name of Shri Kh. Dhanajit Singh which was brought to the notice of this Court by the petitioner by way of filing Misc. Case No.105 of 2017. Ultimately, with the interference of this Court, the Government of Manipur had to recover the money from Shri Kh. Dhanajit Singh.
3.4 During the pendency of the WP(C) No.137 of 2017, the State Government issued a Notification dated 30-11-2018 to the effect that a meeting of the State Level Selection Committee for appointment of unapproved teacher/ staff against the vacancies caused by retirement/ resignation/ new creation posts in Aided Schools would be held at the office chamber of the Director of Education(S), Lamphelpat from 10:00 am daily as per schedule mentioned therein. As per the said Notification, the date of DPC for filling up one post of Hindi Matriculate Teacher (MHT) with respect to the School was to be held on 18-12- 2018. The petitioner filed a writ petition being WP(C) No.1175 of 2018 seeking for a direction to allow the petitioner to take part in the DPC but it became infructuous as the Government Advocate informed the Court that the proposed meeting of the DPC had been cancelled. Till date, no DPC has been held.
3.5 In the meantime, a notice dated 08-01-2018 was issued by the Director of Education(S), Manipur inviting claims and objections from the concerned parties. At the time of issuing the said notice dated 08-01-2018, the Committee of the School was lying non-functional as the appointment of the Secretary and President thereof could not be finalized in view of the interim order dated 12-02-2016 passed by this Court in WP(C) No.114 of 2016. As the Committee was non-functional, the name of the petitioner could not be included in the list of Teacher (unapproved) till the date of filing the writ petition and the Committee continued to remain non-functional. The State Government was to take steps for filling up the vacant posts in respect of the Government Aided Schools vide Notification dated 08-01-2018. Only on the basis of the disposal of the WP(C) No.114 of 2016 vide interim order dated 17-07- 2018, a Memorandum dated 06-10-2018 was issued by the office of the ZEO appointing respondent Nos.5 and 6 as the Chairman and Secretary of the Committee. However, the said Memorandum had been stayed vide order dated 14-11-2018 passed by this Court in WP(C) No.1033 of 2018 and therefore, the Committee continued to remain non-functional. Hence the writ petition has been filed by the petitioner. ;
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