Shri Samom Tomba Singh v. Shri Nameirakpam Nodiachand Singh

Shri Sarangthem Kulla Singh, aged about 83 years, S/o (L) S. Jatra Singh, resident of Uripok Yambem Leikai, P.O. Imphal, P.S. Lamphel, Imphal West District, Manipur-795001.

Shri Thoidingjam Ibomcha Singh, aged about 43 years, S/o Th. Brajamohon Singh, resident of Uyumpok Mamang Leikai, P.O. Pangei, P.S. Sagolmang, Imphal East District, Manipur – 795114.

Smt. Yambem Modhubala Devi, aged about 51 years, D/o (L) Y. Nodiachand, resident of Uripok Achom Leikai, P.O. Imphal, P.S. Lamphel, Imphal West District, Manipur-795001.

The State of Manipur represented by the Commissioner/Secretary (Education/S), Government of Manipur, Secretariat, Imphal.

The Director of Education (S), Govt. of Manipur, Imphal, Manipur. Principal Respondents Official Respondents W.A. No. 55 of 2022; & Ors.

Smt. Shamurailatpam Dabayanti Devi, aged about 52 years, W/o Late Priyobarta Sharma, a resident of Sagolband Thangjam Leirak, P.O. & PS. Imphal, Imphal West District, Manipur.

Smt. Shamurailatpam Usha Devi, aged about 50 years, wife of Mahanta Sharma, resident of Sagolband Thangjam Leirak, P.O. & P.S. Imphal, Imphal West District, Manipur.

Shri T. Tikendrajit Singh, C/o Head Mistress, Shakhi Devi Girls’ High School, Uripok Yambem Leikai.

Shri Th. Ibopishak Singh, aged about 66 years, Son of late Th. Ibomcha Singh, resident of Naoremthong Khulem Leikai, P.O. & P.S. Lamphel, Imphal West District, Manipur.

Smt. Kangujam Anita Devi, aged about 50 years, W/o Late Kshetrimayum Ibomcha Singh, resident of Singjamei Kshetri Leikai, P.O. & P.S. Singjamei, District Imphal East, Manipur.

Tourangbam Bimolini Devi, wife of Lairenjam Nongyai Singh, resident of Uripok Achom Leikai, P.O. & P.S. Imphal, Imphal West District, Manipur.

Smt. W. Nalini Devi, wife of L. Ingobi Singh, resident of Mongsangei Konjeng Leikai, P.O. & P.S. Singjamei, Imphal West District, Manipur. Proforma Respondents BEFORE HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR HON’BLE MR. JUSTICE MV MURALIDARAN For the appellant : Kh. Tarunkumar, Advocate For respondents No. 1-4 For respondents No. 5 & 6 : : Mr. Th. Henba, Advocate Mr. S. Nepolean, G.A. Date of Order : 14.06.2022 W.A. No. 55 of 2022; & Ors. Sanjay Kumar (C.J.): ORDER (ORAL) [1] The appellant in this writ appeal is respondent No. 10 in W.P. (C) No. 822 of 2017. The said writ petition was filed by respondents No. 1 - 4 herein and was allowed by a learned Judge of this Court, vide judgment & order dated

08.02.2022. The challenge in the said writ petition was to the order dated

10.10.2016 issued by the Secretary, School Managing Committee, Shakhi Devi Girls’ High School, Uripok, Imphal, whereby respondents No. 7, 8, 9 & 10 in the writ petition were promoted as temporary teachers at Shakhi Devi Girls’ High School, and to the order dated 10.10.2016 issued by the Zonal Education Officer/ Zone-I, Government of Manipur, approving the said promotions. [2] Heard Mr. Kh. Tarunkumar, learned counsel for the appellant; Mr. Th. Henba, learned counsel for respondents No. 1-4/writ petitioners; and Mr. S. Nepolean, learned Government Advocate, appearing for the authorities. [3] Significantly, though the writ petition was filed challenging the order issued by the Secretary of the School Managing Committee of Shakhi Devi Girl’s High School, Uripok, the said School Managing Committee was not even made a party to the writ petition. Similarly, though the order dated 10.10.2016 issued by the Zonal Education Officer/Zone-I, Government of Manipur, was also subjected to challenge, the said Zonal Education Officer was not impleaded as a party respondent in the writ petition.

Needless to state, when a particular order is subjected to challenge by an aggrieved party, it is incumbent upon such party to implead the authority or designated officer who has issued such order, as it is that authority or designated officer who would be in a position to properly defend or justify the same. W.A. No. 55 of 2022; & Ors. [4] Mr. Th. Henba, learned counsel, would however point out that the Director of Education (S), Government of Manipur, a superior authority in the State hierarchy, was made a party and contend that there was no fatal defect in the writ petition, as framed and filed. [5] However, even if it is accepted that in so far as the Zonal Education Officer/Zone-I, Government of Manipur, is concerned, the impleadment of his superior officer would suffice, there is no excuse for not impleading the School Managing Committee which issued the promotion order, which was the actual source for grievance.

The Zonal Education Officer/ Zone-I, Government of Manipur, merely approved the same. It was therefore for the School Managing Committee to defend and justify its action in promoting respondents No. 7, 8, 9 & 10 in the writ petition as temporary teachers. The School Managing Committee was therefore a ‘necessary’ party and not just a ‘proper’ party, as contended by Mr. Th. Henba, learned counsel. In the absence of the said Committee, the writ petition suffered from non-joinder of a ‘necessary’ party and was, therefore, fatally defective. [6] Though respondent No. 10 filed an affidavit-in-opposition in the writ petition on behalf respondents No. 3, 4, 5, 6, 7, 8, 9 & himself, raising the issue of the writ petition being bad for non-joinder of proper and necessary parties, the learned Judge failed to take note of the same and did not deal with that issue at all. However, as this defect in the framing and filing of the writ petition goes to the very root of the matter, the adjudication by the learned Judge, in the absence of an essential party, resulting in the setting aside of the impugned orders, cannot be sustained.

W.A. No. 55 of 2022; & Ors. The writ appeal is accordingly allowed, setting aside the judgment and order dated 08.02.2022 passed in W.P. (C) No. 822 of 2017. Consequential proceedings issued pursuant to and in implementation of the said order shall also stand nullified. In the light of this final order, no further orders are required to be passed in the miscellaneous cases filed for interim relief. MC (W.A.) No. 107 of 2022 and MC (W.A.) No. 108 of 2022 are accordingly closed. In the circumstances, there shall be no order as to costs. Sandeep JUDGE CHIEF JUSTICE W.A. No. 55 of 2022; & Ors.