Manipur High Court: Lanusungkum Jamir, J. allowed a petition pertaining to appointment/promotion of High School teachers.
Petitioners along with respondent 3, 4, 5, 6 and 9 were elected as members of the Management Committee of the Sakhi Devi Girls High School in the General Body Meeting held on 24-10-2013. The Zonal Education Officer/Zone-1, Government of Manipur vide order dated 26-12-2013 approved the formation of the School Management Committee. Petitioner 1 submitted an objection to the ZEO, Zone-1 on 26-12-2013 against the inclusion of respondent 5 and 6 as members of the School Management Committee on the ground that respondent 5 is involved in a criminal case and respondent 6 cannot be a local educationist in as much as he was not a local resident of Uripok Constituency wherein the Sakhi Devi Girls’ High School was located.
During the pendency of objection filed by petitioner 1, the first meeting of the members of the School Management Committee of Sakhi Devi Girls’ High School, for conducting election of the President and Secretary of the School Management Committee was held on 26-02-2014 comprising of only 5 (five) members and in the absence of the petitioner and another four members. Respondent 5 and 6 were elected as Secretary and President of the School Management Committee and one Smt R.K. Sanajaobi Devi, an Unapproved Teacher of the School was recommended as teacher representative in the School Management Committee (SMC).
Against the said election of the President and Secretary of the SMC, the petitioner submitted representations to the concerned authority. However, the said representations were not considered. In the meantime an emergency meeting of the SMC of Sakhi Devi Girls’ High School was held on 21-02-2015 at the residence of the President of the SMC. Another meeting of the members of the SMC and Staff Members of the Sakhi Devi Girls’ High School was held on 23-7-2016.
On the basis of the resolution passed in the meeting of the SMC held on 21-02-2015and 23-7-2016, the Secretary, SMC issued order dated 10-10-2016 appointing/promoting the respondent 7, 8, 9 and 10 as temporary teachers at Sakhi Devi Girls’ High School.
The petitioner submitted several representations to the concerned authority and the State Government including representation dated 5-12-2016 addressed to the Director of Education, Government of Manipur, the Additional Director, Education (S)/V, Government of Manipur and the ZEO, Zone-I, Government of Manipur, requesting to cancel the promotion/appointment order of the respondent 7 to 10. However, no action was taken by the respondents. Petitioners challenged the order dated 10-10-2016 issued by the Secretary, School Management Committee, Sakhi Devi Girls’ High School, Uripok Imphal.
Rule 14 (b) of the Rules of 1975 provides that all resolutions passed at the emergency meeting will be subject to confirmation or revision at the next ordinary meeting, none of the respondents, either the State or the respondent 3 to 10 has brought on record that the resolution passed in the emergency meeting held on 21-02-2015 was confirmed or revised in the next ordinary meeting. Resolution passed in the Emergency Meeting held on 21-02-2015 being without quorum and not confirmed in the ordinary meeting, cannot be held to be valid. No action was passed in the emergency meeting held on 21-2-2015. In absence of quorum, any resolution passed in the SMC meeting held on 23-07-2014, cannot be accepted by this Court.
Court considered the letter dated 19-11-2018 produced by the Government Advocate. Admission by the official respondents that the Secretary, SMC was not empowered to convene an emergency meeting. It was stated that the Secretary had convened meeting under the instruction of the President of the SMC and was also chaired by the President. The issue was to convene the meeting under Rules of 1975 and not under whose instruction the meeting was convened and who chaired it.
Impugned order dated 10-10-2016 passed by the Secretary, SMC, Sakhi Devi Girls’ High School, Uripok, Imphal, appointing/promoting the respondent7, 8, 9 and 10 as temporary teachers of Sakhi Devi Girls’ High School (Aided) and also the order dated 10-10-2016 issued by the ZEO, Zone-I approving the order dated 10-10-2016 issued by the SMC, Sakhi Devi Girls’ High School (Aided) were set aside and quashed. The writ petition was allowed.[Nameirakpam Nodiachand Singh v. State of Manipur, 2022 SCC OnLine Mani 102, decided on 08-02-2022]
Mr A.Bimol and Mr A.Golly, Advocates for petitioners
Ms Sundari, GA & Mr Kh.Binoy, Advocates for respondents