Kamei Joy Rongmei v. State of Manipur

HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE

16.09.2022 In view of the order passed today in the connected writ petition, the present misc case stands closed. JUDGE Item No. 82 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WP(C)) No. 11 of 2020 Smt. R.K Memi Devi & 5 Ors ....Applicants -Versus- State of Manipur & 3 Ors ....Respondents HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE

16.09.2022 In view of the order passed today in the connected writ petition, the present misc case stands closed. JUDGE Item No. 83 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WP(C)) No. 15 of 2020 Khumukcham Babu Singh & 3 Ors ....Applicants -Versus- State of Manipur & 3 Ors ....Respondents HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE

16.09.2022 In view of the order passed today in the connected writ petition, the present misc case stands closed. JUDGE Item No. 84 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WP(C)) No. 32 of 2019 Samurou Municipal Council & Anr ....Applicants -Versus- Smt. R.K Memi Deiv & 9 Ors ....Respondents HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE

16.09.2022 In view of the order passed today in the connected writ petition, the present misc case stands closed. JUDGE Item No. 85 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WP(C)) No. 33 of 2019 Kakching Khunou Municipal Council & Anr ....Applicants -Versus- Smt. R.K Memi Devi & 9 Ors ....Respondents HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE

16.09.2022 In view of the order passed today in the connected writ petition, the present misc case stands closed. JUDGE Item No. 86 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WP(C)) No. 34 of 2019 Sekmai Nagar Panchayat & Anr ....Applicants -Versus- Smt. R.K Memi Devi & 9 Ors ....Respondents HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE

16.09.2022 In view of the order passed today in the connected writ petition, the present misc case stands closed. JUDGE IN THE HIGH COURT OF MANIPUR AT IMPHAL Item No. 87-94 WP(C) No. 114 of 2019 with WP(C) No. 126 of 2019 with WP(C) No. 143 of 2019 with WP(C) No. 154 of 2019 with WP(C) No. 163 of 2019 with WP(C) No. 192 of 2019 with WP(C) No. 193 of 2019 with WP(C) No. 264 of 2019 Smt. R.K Memi Devi -Versus- ....Petitioner State of Manipur & 3 Ors ....Respondents HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE

16.09.2022 Heard Mr. N. Jotendro, learned senior counsel assisted by Mr. Murtaza Ahmed, learned counsel, Mr. R. S Reisang, learned senior counsel assisted by Ms. Pamchuila Gangte, learned counsel appearing for the petitioners. Also heard Mr. Th. Sukumar, learned GA appearing for the respondent Nos. 1, 2& 3 and Mr. H. S Paonam, learned senior counsel assisted by Mr. N. Bipin, learned counsel for the private respondents. [2] Since the facts and issues raised in these batch of writ petitions are common, the same are disposed of by this common order. [3] The present writ petitions have been assailing the Advertisement dated 28-01-2019 issued by the Director, MAHUD Department, Manipur notifying various number of vacancies for filling up the posts by direct recruitment in 25 Urban Local Bodies. The main ground raised by the counsel appearing for the petitioners is that under Section 45 of the Manipur Municipalities Act, 1994, the Urban Local Bodies are the appointing authority of its employees and accordingly, the MAHUD Department has no authority and power to issue the impugned advertisement and for recruitment of the candidates for filling up the said advertised posts in view of the provision under Section 45 of the Manipur Municipalities Act, 1994. [4] The respondents filed their counter affidavit and in Para No. 3.3 of the said counter affidavit filed in WP(C) No. 114 of 2019, it has been stated as under: “3.3. The impugned Advertisement clearly shows that manner in which vacancies/posts has been advertised and clearly made known to the public at large at various ULBs in the entire State of Manipur. Additionally, the minimum essential qualifications/eligibility required for applying for the said posts, starting and closing date for submissions of application forms, fees, admission card issuance, date of examination and Viva Voce, Examination Centre, the numbers of vacancies may increase/decrease, subject to Government decision, Scheme of Examination and Test, information that the posts are regular and full particulars to be furnished. A bare reading of the said Advertisement clearly shows the bonafide intention and decision of State Government to streamline the Recruitment Process filling various vacancies/posts in all the ULBs, in such a manner that one Selection Committee will conduct the entire selection process for selection of personnel/employees of ULBs, in order to ensure complete transparency and uniformity, and in the process avoid undue wastage of public money and State Government Resources. Moreover, the question of nepotism, selection of underserving and unqualified personnel has been negated by the present Selection Process adopted by the State Government. As the State Government or answering Respondents will only be engaged in the Selection Process and sending the list of recommended candidates as per the selection process, in accordance with the terms of the impugned advertisement, the respective ULBs will be issuing the final appointment orders. Hence, there is no question of violation of Section 45 of the Manipur Municipality Act, 1994.” [5] On perusal of the statements made by the Respondents in the said counter affidavit, it is crystal clear that the MAHUD Department, Government of Manipur is only undertaking the selection process with the understanding that the list of recommended candidates will be forwarded to the concerned Urban Local Bodies for issuing final appointment order as provided under Section 45 of the Manipur Municipalities Act, 1994. [6] In view of the categorical statements made by the State respondents in the said affidavit, it has been submitted by the learned senior counsel appearing for the petitioners that since the power and authority given to the Urban Local Bodies for appointment of its employees as provided under Section 45 of the Manipur Municipalities Act, 1994 has not been infringed and as the Government has made categorical statements that the list of recommended candidates will be forwarded to the concerned authorities of the Urban Local Bodies for issuing final appointment order, they have no objection in disposing of the this batch of writ petitions by issuing a direction by this Court that on completion of the selection process, the list of the recommended candidates should be forwarded to the concerned authorities of the Urban Local Bodies for issuing final appointment order. [7] After hearing the submissions of the learned counsel appearing the parties and after careful examination of the record of the cases, this Court is of the considered view that, the present writ petitions can be disposed of by directing the respondents to complete the selection process as early as possible and on completion of the selection process, the list of recommended candidates should be forwarded to the concerned authorities of the Urban Local Bodies for issuing the final appointment order. Ordered accordingly. With the aforesaid directions, the present batch of writ petitions are hereby disposed of. Earlier interim order, if any, stands vacated. JUDGE Item No. 95 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 430 of 2019 Yumnam Nilamani Singh & 4 Ors ....Petitioners -Versus- State of Manipur & 3 Ors ....Respondents HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE

16.09.2022 As prayed for by Mr. Y. Nirmolchand, learned senior counsel appearing for the petitioners, list this case again on 17th October, 2022. Learned senior counsel appearing petitioners submitted that since similar batch of writ petitions have been disposed of by this Court by passing order, he may be given liberty to get instructions for his clients. Prayer is allowed. JUDGE