Asem Raghu Singh v. State of Manipur

HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH

05.09.2022 Heard Mr. Ch. Ngongo, learned counsel appearing for the petitioner, Mr. A. Vashum, learned GA appearing for the respondent Nos. 1 & 2, Mr. N. Zequeson, learned counsel for the respondent No. 3 and Mr. S. Biswajit, learned counsel appearing for the respondent No. 4 in WP(C) No. 402 of 2019. [2] Since the facts and law involved in the two writ petitions are same, the present writ petitions are being disposed of by this common order. [3] WP(C) No. 380 of 2020 has been filed with a prayer for quashing and setting aside the orders dated 30-06-2020 and 31-10-2018 issued by the Deputy Secretary, Education (S), Government of Manipur thereby cancelling the provisional NOC granted to Chingtham Foundation for Innovation Education, Yairipok for affiliation to Council of Higher Secondary Education, Manipur for opening Class-XI and Class-XII and also cancelling the Government order dated 27-08-2018 allowing shifting of WP(C) No. 380 of 2020 and WP(C) No. 402 of 2019 Ching Tam Foundation for Innovation Education, Yaripok Bamon Leikai to Thoubal Okram Wangmataba, Thoubal. [4] WP(C) No. 402 of 2019 had been filed with a prayer for quashing and setting aside the order dated 27-02-2019 issued by the Council of Higher Secondary Education, Manipur thereby keeping in abeyance its earlier order dated 08-02-2019 granting permission for shifting of the site of the campus of Ching Tam Foundation for Innovation Education from Yairipok to Thoubal. [5] The only ground raised by the learned counsel appearing for the petitioner is that, before issuing the impugned orders, the authorities have not given any notice and opportunity of hearing to the petitioner and the impugned orders have been issued in total violation of the principles of natural justice. It has been submitted by the learned counsel for the petitioner that in the letter dated 24.11.2021 addressed to the Secretary, Ching Tam Foundation for Innovation Education, the Deputy Secretary, Education (S) Department, Government of Manipur has clearly admitted that no notice and opportunity of being heard was given to the petitioner before issuing the impugned orders. The relevant portion of the said letter reads as under:- “2. Now, therefore, since you feel that, this Govt. has not given you the opportunity of being heard, you are requested to submit a written explanation within a period of 15 (fifteen) days from the date of receipt of this letter as to why the Order No. 48/o2015- SE(S) dated 05.07.2016 (Copy enclosed) granting the provisional affiliation of your school to the Council of Higher Secondary Education, Manipur (COHSEM) for opening of Class-XI and Class-XII w.e.f. the Academic Session of 2016-17 shall not be cancelled by the Government Order No. 29/17/2019-SE(S) dated 30.06.2020 (Copy enclosed), otherwise it will be deemed that you have no objection on the same.” WP(C) No. 380 of 2020 and WP(C) No. 402 of 2019 [6] Pursuant to the said letter, the petitioner had already submitted a written explanation dated 08.01.2022 to the Deputy Secretary, Education (S), Government of Manipur and that the said written explanation has not yet been considered and disposed of by the authorities till today. The learned counsel vehemently submitted that as the impugned orders had been issued in complete violation of the principles of natural justice and as the authorities of the State Government has not considered and dispose of the written explanation submitted by the petitioner, the impugned orders may be quashed and set aside and the authorities be directed to reconsider the matter and to take a fresh decision after considering the written explanation submitted by the petitioner. [7] Mr. A. Vashum, learned GA submitted that in the reply affidavit filed by the State Government, it has been clearly stated that the explanation given by the petitioner are not satisfactory, however, it has been fairly submitted by the learned GA that no order has been passed by the Government after considering the written explanation submitted by the petitioner. The learned GA further submitted that the authorities of the State Government may be given liberty to examine and re-consider the matter on its own merit strictly in accordance with the relevant provisions of law and to take a decision there to. [8] Mr. N. Zequeson, learned counsel appearing for the respondent No. 3 also submitted that the respondent No. 3 may be given liberty to re-examine the matters afresh on its own merit and to pass appropriate orders as deemed fit and proper. [9] Since the official respondents have admitted that the impugned orders have been issued without giving any notice to the petitioner and without granting any opportunity of being heard WP(C) No. 380 of 2020 and WP(C) No. 402 of 2019 and in complete violation of the principles of natural justice, this Court is of the considered view that the impugned orders are not sustainable in the eyes of law and accordingly, the impugned orders dated 31-10-2018 and 30-06-2020 issued by the Deputy Secretary, Education (S), Government of Manipur as well as the impugned order dated 27-02-2019 issued by the Council of Higher Secondary Education, Manipur are hereby quashed and set aside. The respondent Nos. 1 & 3 are directed to re- consider the matter afresh and to pass appropriate orders after taking into consideration the written explanation dated 08.01.2022 submitted by the petitioner on its own merit and strictly in terms of the relevant provisions of law and after giving opportunity of being heard to the petitioner. It is made clear that this Court has not decided anything on merit and that the impugned orders have been quashed only on the ground that the principles of natural justice have been violated. It is open to the respondents to consider the matter afresh on its own merit and strictly in terms of the relevant provisions of law. [10] With the aforesaid directions, the present writ petitions are disposed of. There will be no order as to cost. JUDGE WP(C) No. 380 of 2020 and WP(C) No. 402 of 2019