Decided on June 17,1994

H. Manihar Singh And Anr. Appellant
P.L. Thanga, I.A.S., Commissioner (Health), Govt Of Manipur And Ors. Respondents


W.A. Shishak, J. - (1.)This contempt petition has been filed against Shri P. L. Thanga, I.A.S. Commissioner (Health), Government of Manipur, Shri B. Badrinarayan Shanna, Dy. Secretary (Health) at present working as Administrative Officer, Power Department and Shri N. Devendra Singh, Director (Health), Government of Manipur, alleging that they have committed contempt of this Court inasmuch as the direction given by this Court on 25-11-1993 in Civil Rule 825 of 1993 has not been complied with. Direction of this court is found in para 10 of the said order, which is in the following manner:
"10. In view of the foregoing reasons, the petition is allowed. The Enquiry Committee Report in so far as it concerns re-evaluation of the answer scripts as indicated above is quashed. Consequently the notification dated 19th Aug., 1993, Annexure-A/8 (second select list) is quashed. Allotment of seats as far as the petitioners children are concerned shall be determined on the basis of select list at Annexure-A/8. Letters of nomination should be issued immediately in order to enable the children of the two petitioners to join College without wasting an academic year pass no order as to costs."
It may be stated that the State went in Writ Appeal against the order passed by a Single Bench of this Court in Writ Appeal No. 32 of 1993. While admitting the Appeal on 6-12-1993, the judgment and order dated 25-11-1993 passed in Civil Rule 825 of 1993 was stayed on the basis of statement made on behalf of the State Government that the Government is following the second list and is expecting more seats, at least ten (10) for admission to Medical Colleges and that according to Government Advocate the children of the petitioners might be accommodated. This assurance was given on behalf of the Government In view of this, the two (2) seats which had been kept reserved earlier were allotted to two (2) other nominees whose names found place in the second list.
(2.)The said Writ Appeal was dismissed and the interim order was vacated.
(3.)The petitioners thereafter demanded that the direction given by this Court on 25.11.1993 in Civil Rule 825 of 1993 be complied with by issuing nominations in favour of the children of the petitioners to join Medical Colleges during the current year. Without entering into further details, it may now be stated that when the Writ Appeal was dismissed, admissions had been closed in all Medical Colleges of the country and in view of this the children of the petitioners have lost one academic year.

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