THOKCHOM CHHATRAJIT SINGH Vs. LOUREMBAM IBOYAIMA SINGH

JUDGEMENT

(1.) The present third-party appeal has been preferred by 9 (nine) appellants herein questioning the correctness of the impugned judgment and order dtd. 20/9/2018 passed by the Ld. Single Bench of this Court in WP(C) No. 519 of 2018. The writ petition filed by respondent Nos. 1 to 5 herein, was allowed by setting aside the notification dtd. 23/5/2018 issued by the Registrar, Manipur Technical University (hereinafter referred to as 'MTU') for recruitment of teaching and non-teaching staff of the university on regular basis with respect to the 5 (five) writ petitioners and further, with a direction to the university to provide regular appointment to the respondent Nos. 1 to 5 herein (writ petitioners) from the date of their initial appointments as Assistant Professors in MTU on contract basis. Since the appellants herein were not parties in the writ petition being WP(C) No. 519 of 2018, they approached the Division Bench of this Court challenging the impugned order dtd. 20/9/2018 with leave to appeal and application for condonation of delay in filing the thirdparty appeal. The application for condonation of delay in filing the writ appeal, i.e., MC[WA] No. 36 of 2021 was condoned vide order dtd. 9/9/2021 and the leave to appeal was granted vide order dtd. 6/5/2024 in MC[WA] No. 76 of 2021. No effective order has been passed in the application for stay, i.e., MC[WA] No. 77 of 2021.

(2.) Heard Mr. BP. Sahu, learned senior counsel assisted by Mr. Anjan Prasad Sahu, learned counsel for third-party writ appellants; Mr. A. Romenkumar, learned senior counsel assisted by Mr. RK. Banna, learned counsel appearing on behalf of respondent Nos. 1 to 5 (writ petitioners); Mr. Kh. Athouba, learned senior counsel and Govt. Advocate assisted by Mr. Phungyo Zingkhei, learned Dy. G.A. on behalf of the State respondent No. 6 and Dr. RK. Deepak, learned senior counsel assisted by Mr. L. Rajesh, learned counsel on behalf of respondent Nos. 7 and 8 (MTU).

(3.) The brief fact of the present case is that Manipur Technical University (MTU) was established pursuant to an ordinance 'The Manipur Technical University Ordinance, 2016'promulgated vide notification dtd. 23/4/2016 issued by the Governor of Manipur. Later on, the Manipur Technical University Act, 2016 was passed by the State Assembly and got assent from the Governor of Manipur on 21/10/2016 and notified in the official gazette making the date of enforcement retrospectively w.e.f.23/4/2016 (the day on which the Ordinance was promulgated). In order to make the university functional at its initial stage, the Registrar of University issued notification for engagement/appointment of Assistant/Associate Professors on contract basis vide various notifications dtd. 20/6/2016, 12/7/2016 and 23/7/2016 for the Civil Engineering, Mechanical Engineering, Electrical Engineering, Computer Science Engineering and Humanities (Communication). In these notifications, posts of Associate Professor for Physics, Chemistry and Mathematics were also included. The mode of examination is to be done by way of interview. Vide notification dtd. 6/7/2016, the Selection Committee recommended Lourembam Iboyaima Singh (respondent No.1 herein) as Assistant Professor in Professional Communication (English); Laishram Jimmy (respondent No.2) as Assistant Professor in Computer Science and Engineering. Vide another notification dtd. 15/7/2016, the Selection Committee recommended four candidates for various subjects including Kosygin Leishangthem (respondent No.4 herein) for the post of Assistant Professor in Civil Engineering and Asem Nabadavis (respondent No.5 herein) for the post of Assistant Professor in Mechanical Engineering and vide another notification dtd. 29/7/2016, Tayengjam Jeneeta Devi (respondent No. 3 herein) was recommended for the post of Assistant Professor in Electrical Engineering. Thereafter, vide order dtd. 15/7/2016 issued by the Registrar, MTU, Kosygin Leisha-ngthem (respondent No.4. was appointed as Assistant Professor in Civil Engineering on contract basis in MTU for the period of six months. Vide another order dtd. 15/7/2016 issued by the Registrar, MTU, Asem Nabad-avis (respondent No. 5) was appointed as Assistant Professor in Mechanical Engineering on contract basis for a period of six months; vide order dtd. 30/7/2016 issued by the Vice-Chancellor, MTU, Tayenjam Jeneeta (respondent No. 3) was appointed as Assistant Professor in Electrical engineering on contract basis for a period of six months; vide another order dt. 8/8/2016 issued by the Vice-Chancellor, MTU, Lourembam Iboyaima Singh (respondent No. 1) was appointed as Assistant Professor in Professional Communication (English) on contract basis; and vide another order dt. 8/8/2016 issued by the Vice-chancellor, MTU, Laishram Jimmy (respondent No. 2) was appointed as Assistant Professor in Computer Science and Engineering on contract basis for a period of six months. Vide another order dtd. 30/12/2016 issued by the Vice-Chancellor, MTU, the contract appointment of 8 (eight) faculty members including the respondent Nos. 1 to 5 herein were extended for another period of six months or till the regularization incumbents join, whichever is earlier, on the same terms and conditions. It may be noted that vide order dtd. 15/6/2016, MTU created various post for teaching and non-teaching faculty including 30 posts of Assistant Professors on regular basis.