JOSEPH CHACHEL Vs. UNION OF INDIA
LAWS(MANIP)-2019-10-13
HIGH COURT OF MANIPUR
Decided on October 14,2019

Joseph Chachel Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

RAMALINGAM SUDHAKAR, CJ. - (1.) Heard Mr.B.R.Sharma, learned counsel for the petitioner as well as Mr.N.Kumarjit, learned Advocate General, Manipur for the State respondents. Also heard Mr. Vijaynanda Sharma, learned ASG for the Union respondents.
(2.) This PIL has been filed challenging Annexure-A/5 dated 20th August, 2019. This is based on a proceeding of the Executive Committee chaired by the Chief Secretary, Government of Manipur along with three others, namely, Principal Secretary (Finance), Government of Manipur and the Commissioner (Planning) Government of Manipur and Addl.Chief Secretary (TA and Hills), Government of Manipur. The proposal is for establishment of Eklavya Model Residential School. Originally, as per Annexure-A/1 dated 03.12.2018, Eklavya Model Residential School was to be established at Taphou Pudunamei, Senapati District, Manipur and based on the Government letter, sanction was granted for construction of Eklavya Model Residential School at Mao Maram Block, Senapati District, Manipur at a cost of Rs.24 crores by proceeding dated 27th February, 2019, Annexure-A/2 issued by the Government of India, Ministry of Tribal Affairs. By proceeding dated 14th March, 2019 issued by the Government of India, Ministry of Tribal Affairs, the location was specified as District Senapati, Mao Maram (Taphou Pudunamei) for construction of Eklavya Model Residential School. Thereafter, realising that the said Taphou Pudunamei village comes within the newly created Senapati Sub Division by Government order No.30/13/2017-R dated 22nd September, 2017 in the proceeding of the Executive Committee chaired by the Chief Secretary, Government of Manipur as Chairman, along with three others, the location of the Eklavya Model Residential School was proposed for Mao-Maram Sub Division, Sub Division Makhan village and the Committee also proposed Eklavya Model Residential School for Senapati Sub-Division/Block at Taphou Pudunamei Village in 2020-21. The relevant proceeding is at page No.28 and it is quoted as under:- "(i) Setting up of one EMRS for Mao Maram Sub-Division/Block which was approved/sanctioned by Ministry of Tribal Affairs for the year 2018-19 shall be changed to Makhan Centre Village which is under Mao-Maram Sub-Division instead of Taphou Pudunamei which is now under newly created Senapati Sub-Division. ii) Further, one EMRS is being recommended for Senapati Sub-Division/Block at Taphou Pudunamei Village in 2020-21. "
(3.) Based on the proceeding of the Committee dated 19.8.2019 as above, the impugned order at Annexure-A/5 dated 20.8.2019 has been issued against which the present writ petition has been filed. Interim order was issued on 11.10.2019 and the learned Advocate General, Manipur appeared on behalf of the State.;


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