Smt. P. Memthoi Devi v. State of Manipur & 2 Ors.

O R D E R 20-01-2022 [1] Heard Shri N. Jotendro, learned Sr. Counsel appearing for the petitioner, Mr. S. Nepolean, learned GA appearing for respondent Nos. 1 & 2 and Mr. H.S. Paonam, learned Sr. Counsel appearing for respondent No.

3. [2] The simple case of the petitioner is that vide an order dated 5-10- 2021 she was transferred and posted as Principal of C.C. Higher Secondary School from Ningthoukhong Higher Secondary School with immediate effect and until further orders in public interest. Pursuant to the said transfer order, she joined her new place of posting and discharged her duties as the Principal of the said school. After only about three months from her said transfer, the State Government issued another order dated 7-1-2022 ordering her transfer and posting from C.C. Higher Secondary School to Ram Lal Paul Higher Secondary School as the Principal of the said school with immediate effect and until further orders in public interest. On the same day, i.e. on 7-1-2022, the State Government also issued another order effecting transfer and posting of 28 newly promoted principals of Government Higher Secondary School including the respondent No. 3. Under the said order, the respondent No. 3, who was serving as Vice- Principal in C.C. Higher Secondary School, has been posted as Principal of C.C. Higher Secondary School in place of the petitioner. It has been submitted that under the guidelines for transfer and posting of teachers and head of the institutions under the Department of Education (S), Manipur, issued by the Government, it is provided, inter alia, that minimum tenure for posting in any schools/institutions or head of institutions/in-charge head of institutions, at a stretch, shall be three years and that under para 13 of the said guidelines, it is provided that the Administrative Secretary shall have the power to relax any of the provisions of the guidelines subject to the conditions that any relaxation of the guidelines should be done solely in public interest and the reason/reasons for such relaxation has to be explicitly conveyed while issuing requisite orders in that regard. It has been submitted by the learned Sr. Counsel appearing for the petitioner that the impugned transfer and posting of the petitioner had been issued in violation of the policy of transfer of the Government and no reason whatsoever has been disclosed by the authorities in issuing the said transfer order, which has been issued in violation of their transfer policy. Having been aggrieved by the said transfer order, the petitioner submitted a representation to the Commissioner, Education (S), Government of Manipur on 11-1-2022 with a request for reviewing the said transfer order and the said representation is still pending for consideration by the authorities. It has also been submitted by the learned Sr. Counsel appearing for the petitioner that the impugned transfer order has been issued with ulterior motive and only to accommodate the respondent No. 3 and for no other purposes, inasmuch as, the authorities have not given or disclosed any reason in the impugned transfer order for effecting such transfer order in deviation of their transfer policy. Accordingly, learned Sr. Counsel prayed for quashing the impugned transfer order. [3] Mr. S. Nepolean, learned GA appearing for the State respondents submitted that as the petitioner has already approached the authorities by filing the aforesaid representation for redressing her grievance, the respondents should be given an opportunity to consider the said representation and to pass appropriate orders in this regard and accordingly, learned GA submitted that the present writ petition may be disposed of by directing the Commissioner, Education(S), Government of Manipur to consider and dispose of the said representation within a stipulated period and by issuing a speaking order. [4] Mr. H.S. Paonam, learned Sr. Counsel appearing for respondent No. 3 fairly submitted that respondent No. 3 has no issue in disposing of the said representation as suggested by the learned GA. However, it has been submitted by the learned Sr. Counsel that after issuance of the impugned transfer order, the petitioner has taken leave and in her absence and in view of the promotion given to the respondent No. 3 and his subsequent posting as Principal of C.C. Higher Secondary School, the respondent No. 3 has been discharging the duties of the Principal of C.C. Higher Secondary School and looking after the conduct of the ongoing examination of the Class IX to XII and release of the salaries of the teachers of the said school. In view of the above, it has been submitted on behalf of the respondent No. 3 that if the impugned order is interfered at this stage, there will be certain difficulties in running the school and also the position of the respondent No. 3 will be effected since she has already been promoted to the post of Principal. [5] After hearing the submissions advanced by the learned counsel appearing for the parties, this Court is of the considered view that interest of justice will be served by disposing of the present writ petition with the following directions:- (i) The Commissioner, Education(S), Government of Manipur is directed to consider the said representation dated 11-1-2022 submitted by the petitioner and to dispose of the same within a period of two weeks from the date of receipt of a copy of this order by issuing a speaking order and keeping in view the facts and circumstances narrated hereinabove and also keeping in view the guidelines for transfer issued by the Government; (ii) Pending consideration and disposal of the said representation, impugned orders dated 7-1-2022 and 7-1-2022 at Annexure-A/7 and Annexure-A/8 of the writ petition in so far as the petitioner and respondent No. 3 are concerned shall remained stayed; (iii) Despite the stay of the impugned transfer orders, it is hereby made clear that the respondent No. 3 should be allowed to conduct the ongoing examinations of Class IX to XII in respect of C.C. Higher Secondary School till the said examination is completed or till subsequent orders are issued by the Government for posting of the petitioner and respondent No. 3, whichever is earlier. These directions have been given purely keeping in view the interest of the students who are appearing in the said examination. With the aforesaid directions, the present writ petition is disposed of. Copy of this order shall be furnished to all the counsel appearing for the parties through their Whatsapp/e-mail. JUDGE Victoria NINGOM BAM VICTORIA VICTORIA 15:37:02 +05'30'