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2022 DIGILAW 183 (MAN)

Langpoklakpam Kamal Singh v. State of Manipur

2022-09-20

M.V.MURALIDARAN

body2022
JUDGMENT 1. Heard Mr. Kh. Tarunkumar, learned counsel for the petitioners in WP(C) No. 968 of 2021 and WP(C) No. 569 of 2022; Mr. Lenin Hijam, learned Advocate General for the official respondents; Mr. M. Hemchandra, learned senior counsel assisted by Mr. Juno Rahman, learned counsel for the private respondents No. 5-6 in WP(C) No. 968 of 2021 and for the private respondents No. 5 in WP(C) No. 569 of 2022; Dr. RK Deepak, learned counsel for the respondents No. 3 and 4 in WP(C) No. 968 of 2021 and Mr. Amarjeet Naorem, learned counsel for the respondent No. 4 in WP(C) No. 569 of 2022. 2. W.P. (C) No.968 of 2021 has been filed to quash para Nos.5 and 6 of the impugned order dated 29.9.2021 regarding dissolution of the Governing Body of Naorem Birahari College, Khundrakpam and not providing of opportunity to the Governing Body and also para No.2 of the order dated 27.11.2021, more particularly, regarding the issuance of separate order for constitution of fresh Governing Body as illegal and violative of the principles of natural justice and also quash the subsequent orders dated 29.11.2021 and 18.12.2021. 3. W.P. (C) No.569 of 2022 has been filed to quash the impugned order dated 18.7.2022, including the letter dated 5.7.2022, as the same is not sustainable in the eye of law. 4. Since the issue involved in these writ petitions is one and the same, both the petitions were heard together and disposed of by this common order. 5. For the sake of convenience, the parties are referred to as per their array in W.P.(C) No.968 of 2021. 6. The case of the petitioners in W.P.(C) No.968 of 2021 is that they were the duly appointed as Chairman and Secretary of the Naorem Birahari College, a Government Aided College and the term of the Governing Body is not yet expired and when the grant-in-aid position is restored by an order dated 27.11.2021 thereby withdrawing the suspension order dated 29.9.2021, the status of the Governing Body should also be restored and the same cannot be superseded by the order dated 29.11.2021 as the same is violative of principles of natural justice as the term of the Governing Body is three years as per subsection 10(vii) of Section IV of the Manipur Education Code. Therefore, the impugned order dated 29.9.2021 particularly paragraph Nos.5 and 6 along with the subsequent orders dated 29.11.2021 and 18.12.2021 are liable to the set aside. 7. Further case of the petitioners is that the Governing Body was dissolved by the order of the Deputy Secretary (Hr. & Tech. Edn.) who is not competent to issue such order and while the challenge to the said order is pending before this Court in W.P.(C) No.968 of 2021, on 18.7.2022, the Director of University & Higher Education issued an order whereby the caretaker was further extended for another period of three months with effect from 5.7.2022. Challenging the same, W.P. (C) No.569 of 2022 has been filed. 8. Assailing the impugned orders dated 29.9.2021, 27.11.2021, 29.11.2021 and 18.12.2021, the learned counsel for the petitioners submitted that the petitioners are the Chairman and Secretary of the Governing Body of the Naorem Birahari College which is a Government Aided College and that on 2.3.2021, the Governing Body of the above said College was duly constituted for a term of 3 years by the Director, University and Higher Education. While the said Governing Body is discharging its duty to the full satisfaction of the College teachers and student community, without affording an opportunity of hearing, the Deputy Secretary (Higher and Technical Education) had issued the impugned order dated 29.9.2021 dissolving the Governing Body. In that order, liberty was given to the Governing Body to submit a representation within a period of 15 days. 9. The learned counsel further submitted that pursuant to the liberty given, the second petitioner submitted a representation on 11.10.2021 to the Commissioner (Higher and Technical Education) requesting to withdraw/revoke the order dated 29.9.2021. Since no action was taken, again on 20.11.2021, the petitioners submitted another representation praying to revoke the order dated 29.9.2021 and the petitioners had also filed writ petition challenging the order dated 29.9.2021. The said writ petition was disposed of by this Court by directing the respondents to consider and dispose of the representations submitted by the petitioners by issuing a speaking order. 10. The learned counsel submitted that without taking into consideration the aforesaid representations, on 27.11.2011, the Deputy Secretary (Higher and Technical Education) issued an order, whereby the grant-in-aid which was suspended by the order dated 29.9.2021 was restored pursuant to the order passed in W.P.(C) No.835 of 2021 dated 23.11.2021. 11. 10. The learned counsel submitted that without taking into consideration the aforesaid representations, on 27.11.2011, the Deputy Secretary (Higher and Technical Education) issued an order, whereby the grant-in-aid which was suspended by the order dated 29.9.2021 was restored pursuant to the order passed in W.P.(C) No.835 of 2021 dated 23.11.2021. 11. The learned counsel further submitted that in W.P.(C) No.390 of 2019, decided on 19.3.2020, this Court held that the Director of University and Higher Education is the only competent authority who can dissolve the Governing Body of the Government Aided College and the Commissioner, Higher and Technical Education is not competent to issue any order for dissolving the Governing Body of the Government Aided College and the present writ petition is squarely covered by the decision of this Court in W.P.(C) No.390 of 2019. 12. The learned counsel then submitted that the order dated 29.9.2021 cannot be rectified/corrected by the order of the Director of University and Higher Education in view of the judgment of the Hon'ble Apex Court in the case of State of Orissa and another v. Mamata Mohanti, (2011) 3 SCC 436 . Since the order dated 29.9.2021 is bad in law, the same cannot be corrected by the order of the Director of University and Higher Education dated 18.12.2021. 13. The learned counsel further submitted that on 29.9.2021, a caretaker Governing Body of the College was constituted till a new regular Governing Body is constituted under the provisions of Manipur Education Code, 1982. He submits that just to rectify the illegalities in the orders dated 29.9.2021, 27.11.2021, the Director of University and Higher Education, issued an order dated 18.11.2021 whereby the grant-in-aid provided to the said College was again suspended and consequently, the Governing Body of the College was again suspended and that the Governing Body was dissolved with retrospective effect from 29.9.2021. Thus, a prayer is made to set aside the impugned orders dated 29.9.2021, 27.11.2021, 29.11.2011 and 18.12.2021. 14. Mr. Lenin Hijam, the learned Advocate General appearing on behalf of the official respondents submitted that prayer (iii) made in W.P.(C) No.968 of 2021 is the same prayer made in prayer (ii) in W.P.(C) No.7 of 2022, thus, the petitioners cannot be permitted to file and pursue two writ petitions seeking an identical relief, when the parties involved are the same. Lenin Hijam, the learned Advocate General appearing on behalf of the official respondents submitted that prayer (iii) made in W.P.(C) No.968 of 2021 is the same prayer made in prayer (ii) in W.P.(C) No.7 of 2022, thus, the petitioners cannot be permitted to file and pursue two writ petitions seeking an identical relief, when the parties involved are the same. Therefore, the writ petition W.P.(C) No.968 of 2021 is abuse the process of law. 15. The learned Advocate General further submitted that the State Government under the provision of sub-section 27 Chapter XI, Section IV of Manipur Education Code, 1982, had dissolved the Governing Body in which the petitioners were Chairman and Secretary with effect from 29.9.2021 and until further orders. 16. The learned Advocate General submitted that in respect of the term of 3 years alleged by the petitioners, the same will get curtailed if the Governing Body is dissolved as provided in Manipur Education Code, 1982 and that the Governing Body had been dissolved, therefore, the question of expiry of the term does not arise. 17. As far as the plea of the petitioners qua violation of the principles of natural justice while passing the impugned order dated 29.9.2021 is concerned, the learned Advocate General contended that the question of violation of principles of natural justice does not arise in invoking the provision of Manipur Education Code. He submits that pursuant to the direction of this Court in W.P.(C) No.835 of 2021, the representations of the petitioners were duly considered and the order dated 29.9.2021 was acted upon by the State Government in terms of the indulgence sought for by the petitioners before this Court and that the order dated 27.11.2021 clearly mentions in para 4 that the said order has been passed in reference to W.P.(C) No.835 of 2021. Therefore, the question of non-providing an opportunity to the Governing Body is totally false and incorrect. 18. The learned Advocate General then submitted that there is no violation in passing the order dated 18.12.2021 and also it is clear from a reading of para 5 of the order dated 29.9.2021 that the Governing Body was dissolved under the provision of Rule 27(d) of the Manipur Education Code, 1982. 19. 18. The learned Advocate General then submitted that there is no violation in passing the order dated 18.12.2021 and also it is clear from a reading of para 5 of the order dated 29.9.2021 that the Governing Body was dissolved under the provision of Rule 27(d) of the Manipur Education Code, 1982. 19. The learned Advocate General submitted that Dr.Ng.Ekashini Devi was made as Principal of the College as per the provisions of law and there is no illegality committed by the Government in doing so, as she continued to be the Principal of the College. In fact, in the order dated 18.12.2021, it has been stated that the suspension and dissolution of the former Governing Body of Naorem Birahari College is with retrospective effect from 29.9.2021 and the grant-in-aid status is only restored with retrospective effect from 27.11.2021. He submits that the order dated 18.12.2021 clearly mentions that the said order will not affect any other order passed in pursuance of the said superseded order and which includes the orders dated 27.11.2021 and 29.11.2021 and that the aforesaid two orders are operational and have not been stayed by this Court. 20. The learned Advocate General urged that the impugned order dated 29.9.2021 was issued after affording opportunity to the petitioners and upon considering the representations, the subsequent orders were passed. Therefore there is no violation of the principles of nature justice. Thus, a prayer is made to dismiss the writ petitions. 21. The learned counsel appearing for the respondents 5 and 6 submitted that taking into consideration the internal conflicts among the Governing Body and the faculty members in the College for the last couple of years, the impugned order dated 29.9.2021 came to be passed thereby also the grant-in-aid was withdrawn and suspended with immediate effect. 22. The learned counsel further submitted that by the order dated 27.11.2021, Naorem Birahari College was restored to grant-in-aid status by withdrawing the order dated 29.9.2021, wherein in para 2, it has been stated that a separate order regarding constitution of fresh Governing Body and appointment of in charge Principal was conveyed. 22. The learned counsel further submitted that by the order dated 27.11.2021, Naorem Birahari College was restored to grant-in-aid status by withdrawing the order dated 29.9.2021, wherein in para 2, it has been stated that a separate order regarding constitution of fresh Governing Body and appointment of in charge Principal was conveyed. The learned counsel submitted that pursuant to the order dated 29.11.2011 issued by the Director, a caretaker Governing Body of Naorem Birahari College consisting of 3 members (private respondents) who retired from service was constituted with immediate effect till a new regular Government Body is constituted and their term is going to expire in October, 2022. Considering alarming situation and also in public interest, the Caretaker Governing Body was constituted. Thus, a prayer is made to dismiss the writ petitions. 23. This Court considered the rival submissions and also perused the materials available on record. 24. Naorem Birahari College had full-fledged Governing Body constituted under Manipur Education Code, 1982 from 2006 to 2016. As per the order dated 19.12.2016, the College was upgraded as a Government Aided College in pursuance of the State Cabinet decision and as per the order dated 5.6.2017, new Governing Body of the College was constituted for a period of three years or till implementation of Manipur Higher Education Code for Aided College 2016 and some teaching and nonteaching staff of the College complained to the Minister for Education against the Governing Body regarding administrative failure, fund mismanagement etc. 25. Earlier, on 29.4.2019, the Commissioner of Higher and Technical Education issued an order dissolving the Governing Body of Naorem Birahari College and constituted a Caretaker Governing Body by Special Secretary, Higher and Technical Education one day before his retirement from service on attaining the age of superannuation. The said new Caretaker Governing Body was quashed by this Court and by the order dated 2.3.2021, the present Governing Body was constituted heading the petitioners as Chairman and Secretary respectively. 26. The petitioners challenged the impugned orders dated 29.9.2021, 27.11.2021, 29.11.2021 and 18.12.2021 on the following grounds: (i) The order dated 29.9.2021 was issued without giving any prior show cause to the Governing Body which is mandatory under Clause 27 of the General Principles and Condition Governing Payment of Grant-in-Aid in the Aided College in the State of Manipur. 26. The petitioners challenged the impugned orders dated 29.9.2021, 27.11.2021, 29.11.2021 and 18.12.2021 on the following grounds: (i) The order dated 29.9.2021 was issued without giving any prior show cause to the Governing Body which is mandatory under Clause 27 of the General Principles and Condition Governing Payment of Grant-in-Aid in the Aided College in the State of Manipur. (ii) This Court by the order dated 19.3.2020 passed in W.P.(C) No.390 of 2019 has held that the Director of University and Higher Education is the only competent authority who can dissolve the Governing Body of the Government Aided College and the Commissioner (Higher and Technical Education) is not the competent authority to issue an order dissolving the Governing Body of the Government Aided College. (iii) The illegality occurred in the order dated 29.9.2021 cannot be rectified by the order dated 18.12.2021 of the Director of University and Higher Education. (iv) All the aforesaid four orders have been passed in violation of principles of natural justice. 27. On the other hand, the learned Advocate General submitted that the State Government under the provision of sub-section 27, Chapter XI Section IV of Manipur Education Code had dissolved the Governing Body and before passing the impugned orders, due opportunity of hearing was given to the petitioners and that the order dated 18.12.2021 has been issued by the Directorate of University and Higher Education under the signature of the Director to correct the former defect and to ensure the compliance of the provision of Manipur Education Code. 28. In the light of the submissions made by the learned counsel on either side, it would be appropriate to quote the impugned orders hereunder to analyse the matter further: Order dated 29.9.2021: 'No.10/26/2017-HE(Pt.): Whereas, Naorem Birahari College, Khundrakpam (Private College) along with 4 (four) other Private College were converted into Government Aided College under Government Order No.19/108/2016-HE dated 19.12.2016. 2. and, whereas unfortunately during the last couple of years, the College has been embroiled in internal conflicts resulting in multiple litigations consuming valuable time and other resources of the Department. All involved have also failed to listen to reasons. 3. and, whereas the normal academic atmosphere of the College has been seriously affected/disturbed due to the internal conflicts amongst the Governing Body and the Faculty members resulting in chaos and unwanted situations in the College; 4. All involved have also failed to listen to reasons. 3. and, whereas the normal academic atmosphere of the College has been seriously affected/disturbed due to the internal conflicts amongst the Governing Body and the Faculty members resulting in chaos and unwanted situations in the College; 4. and, whereas the Manipur Education Code, 1982 is applicable to all the Aided Colleges and in the present situation, the Naorem Birahari College, Khundrakpam has failed to abide by the provisions laid down in sub section 27(b) of Manipur Education Code, 1982 relating to the General Principals and Conditions governing payment of Grant-in-aid in the Aided Colleges in the State of Manipur. 5. Now, therefore, after careful and minute examination of all facts and circumstances arising out of the aforementioned situation, the Governor of Manipur is pleased to dissolve the Governing Body by invoking the provisions provided under sub-section 27(d) and concurrently withdraw and suspend Grant-in-aid provided to Naorem Birahari College, Khundrakpam with immediate effect and until further orders. All orders issued/approval conveyed in this regard in respect of the College stands cancelled with immediate effect & until further orders. 6. In case the College is aggrieved by the said Order, it has the liberty to file a Representation to the Government for re-consideration within a period of 15 (fifteen) days from the date of the receipt of the order.' Order dated 27.11.2021: 'No.10/26/2017-HE(Pt.): The Governor of Manipur is pleased to restore the Grant-in-Aid status provided to Naorem Birahari College, Khundrakpam which was withdrawn and suspended vide Government order of even no. dated 29th September, 2021. 2. A separate order regarding constitution of fresh Governing Body and appointment of i/c Principal will be issued. 3. This order shall come into immediate effect & until further orders in public interest. 4. This also has the reference to Writ Petition (C) No.835 of 2021 (Shri L.Kamal Singh - v. The State of Manipur & Ors.).' Order dated 29.11.2021: 'No.3/3-18/2017-UHE(A): In pursuance of Department of Higher and Technical Education, Government of Manipur letter no.10/26/2017- HE(Pt.) dated 29.11.2021 and consequent upon restoration of Grant-in-Aid status to Naorem Birahari College, Khundrakpam vide order no.10/26/2017-HE(Pt.) dated 27.11.2021, a Caretaker Governing Body of Naorem Birahari College, Khundrakpam consisting of the following members is constituted with immediate effect and till anew regular Governing Body of the college is constituted under provisions of Manipur Education Code, 1982: Sl. No. Name of the Member Designation 1 Thangboi Gagte, MCS Sr. Administrative Officer 9-Univ. & Higher Edn) Government of Manipur 2 Ronal Naorem, MFS Senior Finance Officer (Univ. & Higher Education Government of Manipur 3 Principal/ Principal incharge of Naorem Birahari College, Khundrakpam Ex-officio Member Order dated 18.12.2021: 'No.3/3/18/2017-UHE: In pursuance of Department of Higher and Technical Education, Government of Manipur letter no.Writ/11/51/2021-HE/Case dated 18th December, 2021, the Grant-in-Aid provided to Naorem Birahari College, Khundrakpam is hereby suspended and consequently the Governing Body of the College is also dissolved under the provisions of Manipur Education Code, 1982 with retrospective effect from 29.09.2021. 2. Again, in pursuance of Department of Higher and technical Education, Government of Manipur letter no.Writ/11/51/2021-HE/Case dated 18th December, 2021, the Grant-in-Aid status provided to Naorem Birahari College, Khundrakpam which was withdrawn and suspended vide Government order no.10/26/2017-(HE)(Pt.) dated 29.09.2021 is hereby restored with retrospective effect from 27.11.2021. 3. This Orders is issued in super-sessions of earlier Government order no.10/26/2017-(HE)(Pt.) dated 29.09.2021 and order no.10/26/2017(HE)(Pt.) dated 27.11.2021 to correct the former defect and to ensure compliance of provisions under the Manipur Education Code, 1982 and earlier order passed by the Hon'ble High Court of Manipur in this regard. 4. Further, this order will not affect any other order passed earlier in pursuance of the said superseded orders.' 29. Thus, from the aforesaid quoted orders, it is clear that vide the order dated 29.9.2021, the Governing Body of Naorem Birahari College was dissolved and concurrently the Grant-in-Aid provided to the said College was withdrawn and suspended with immediate effect and until further orders, resulting Naorem Birahari College reverting back to the status of Private College. Therefore, the petitioners' power and function as Chairman and Secretary of the Governing Body stood withdrawn with effect from 29.9.2021. 30. Admittedly, the order dated 29.9.2021 was issued by the Deputy Secretary (Hr. & Tech. Edn.), Government of Manipur under the orders and in the name of the Governor of Manipur. The petitioners stated that the Commissioner (Hr. & Tech. Edn.), Government of Manipur is not the competent authority to issue any order dissolving the Governing Body and such power vests with only the Director of University and Higher Education. Here, in the case on hand, the Commissioner (Hr. & Tech. Edn.) has not passed the order dated 29.9.2021 and only the Deputy Secretary of Hr. & Tech. & Tech. Edn.), Government of Manipur is not the competent authority to issue any order dissolving the Governing Body and such power vests with only the Director of University and Higher Education. Here, in the case on hand, the Commissioner (Hr. & Tech. Edn.) has not passed the order dated 29.9.2021 and only the Deputy Secretary of Hr. & Tech. Edn., Government of Manipur has passed the said order. Therefore, the power and authority in issuing the order dated 29.9.2021 canvassed by the petitioners is not sustainable. 31. On a perusal of the order dated 29.9.2021, it is seen that taking into consideration the serious internal conflicts amongst the Governing Body and the Faculty members resulting in chaos and unwanted situations in the College and after careful and minute examination of all facts and circumstances arising out of the situations, the Governor of Manipur was pleased to direct to dissolve the Governing Body by invoking the provisions provided under Rule 27(d). 32. At this juncture, it is pertinent to note that this Court perused the relevant file produced by the learned Advocate General, wherefrom this Court finds that before passing the order dated 29.9.2021, an inspection was carried out and the following instances to gross mismanagement were found: (i) Total amount of salaries disbursed cannot be ascertain as amount received against some of the employees are not mentioned; (ii) Account relating to the amounts so far donated from various quarters including the employees were also not clear as it appears that no records/document is maintained in this regard; (iii) No clear cut stand with regards to the seniority position of the lecturer is made till date; (iv) Data with regards to the financial utilistaion of Bachelor Degree vocational Course since 2004 is also not tallied. And above all there appears a conspiracy with regards to the creation of 17 posts. 33. Taking note of the aforesaid administration failure, fund mis-management, financial indiscipline etc. by the Governing Body of Naorem Birahari College, Khundrakpam and in order to avoid further complicacies by saving the interest of the College especially the student community by enabling the College to function smoothly, it has been decided to dissolve the Governing Body by invoking the provision of Rule 27(d) of the Manipur Education Code, 1982. This Court finds no infirmity in the decision taken to dissolve the Governing Body. This Court finds no infirmity in the decision taken to dissolve the Governing Body. Further, taking note of the ground reality and also considering the fund mismanagement indulged by the Governing Body, the decision was taken to dissolve the Governing Body. This Court is of the firm opinion that the authority which issued the order dated 29.9.2021 was right in dissolving the Governing Body of the College in question and such decision was taken to the welfare of the student community as also functioning of the College very smoothly. 34. It appears that pursuant to the liberty granted in the order dated 29.9.2021, the petitioners submitted a joint representation on 11.10.2021 followed with a reminder dated 26.10.2021 requesting to revoke the order dated 29.9.2021 as it suffers from defect of its issuance by incompetent officer and also no show cause notice to the Governing Body before issuing dissolving order. Since the respondent authorities failed to take a decision on the representations dated 11.10.2021 and 26.10.2021, the petitioner L Kamal Singh has filed W.P.(C) No.835 of 2021 before this Court. By the order dated 23.11.2021, this Court passed the following order: 'Heard Mr. N. Jotendro, learned senior counsel for the petitioner. Also heard Mr. Y. Ashang, learned G.A. appearing on behalf of all the respondents. The petitioner before this Court is the Chairman of the Governing Body of Naorem Birahari College, Khundrakpam and is challenging the Order dated 29.09.2021 by which the conversion of Naorem Birahari College, Khundrakpam into Government Aided College by Order dated 19.12.2016 was withdrawn and suspended with immediate effect. In the Impugned Order dated 29.09.2021, the college was also given liberty to file a representation to the Government for reconsideration within a period of 15 (fifteen) days from the date of receipt of the order. In terms of the liberty granted by the Impugned Order dated 29.09.2021, the Secretary Governing Body, Naorem Birahari College, Khundrakpam filed a Representation dated 11.10.2021 before the Commissioner (Higher and Technical Education), Government of Manipur/ respondent No. 1. Further another Representation dated 26.10.2021 was also filed by the Chairman and Secretary Governing Body of Naorem Birahari College, Khundrakpam, before the respondent No. 1. As both the representations are yet to be considered and the livelihood of the Teaching and Non-Teaching staff of Naorem Birahari College, Khundrakpam is at stake, the petitioner has filed the present writ petition. Mr. Further another Representation dated 26.10.2021 was also filed by the Chairman and Secretary Governing Body of Naorem Birahari College, Khundrakpam, before the respondent No. 1. As both the representations are yet to be considered and the livelihood of the Teaching and Non-Teaching staff of Naorem Birahari College, Khundrakpam is at stake, the petitioner has filed the present writ petition. Mr. Y. Ashang, learned G.A., submits that it would be fair and appropriate if an order is passed to the respondent No. 1 to consider and dispose of the Representations dated 11.10.2021 and 26.10.2021 by the respondent No. 1 within a specified period of time. Mr. N. Jotendro, learned senior counsel for the petitioner has no objection. Accordingly, this writ petition is disposed of with a direction to the Commissioner (Higher and Technical Education), Government of Manipur/ respondent No. 1 to consider and dispose of the Representations dated 11.10.2021 and 26.10.2021 filed by the Chairman and Secretary Governing Body of Naorem Birahari College, Khundrakpam in accordance with law within a period of one month from the date of receipt of a copy of the order of this Court. With the above observations and directions, writ petition is disposed of. 35. Pursuant to the direction of this Court dated 23.11.2021 in W.P.(C) No.835 of 2021, the Deputy Secretary (Hr. & Tech. Edn.) restored the Grant-in-aid status provided to Naorem Birahari College, Khundrakpam which was withdrawn vide order dated 29.9.2021 and by another order dated 29.11.2021, constituted a Caretaker Governing Body of Naorem Birahari College till a new regular Governing Body of the College is constituted, which is still functioning. 36. At this juncture, it is to be pointed out that in para 5 of the order dated 29.9.2021, it has been clearly mentioned that the Governor of Manipur is pleased to dissolve the Governing Body by invoking the provision of sub-section 27(d) and concurrently withdraw and suspend the Grand-in-Aid provided to Naorem Birahari College, Khundrakpam with immediate effect and thereafter an order dated 27.11.2021 was issued to restore the Grant-in-Aid. It is nowhere mentioned in the said orders in regards Governing Body, besides the constitution of fresh Governing Body. Further, while issuing the order dated 18.12.2021, it has been clearly stated that the suspension and dissolution of the former Governing Body of the College is with retrospective effect from 29.9.2021 and the Grant-in-Aid status is only restored with retrospective effect from 27.11.2021. Further, while issuing the order dated 18.12.2021, it has been clearly stated that the suspension and dissolution of the former Governing Body of the College is with retrospective effect from 29.9.2021 and the Grant-in-Aid status is only restored with retrospective effect from 27.11.2021. More specifically, in para 4 of the order dated 18.12.2021, it has been mentioned that the order dated 18.12.2021 will not affect any other order passed in pursuance of the said superseded order which includes the orders dated 27.11.2021 and 29.11.2021 respectively. That apart, the aforesaid two orders dated 27.11.2021 and 29.11.2011 are operational and have not been stayed by this Court. 37. From the materials produced by both parties and on a careful analysis of the same, this Court is of the view that the question of reviving the dissolved Governing Body never arose and it is only the Caretaker Governing Body which has been constituted and the staff of the College including the teaching and non-teaching staff will be those who were working as such at the time of restoration of Grant-in-Aid. Therefore, the claim of the petitioners that in similar manner, the dissolved Governing Body also should have been revived automatically is without any substance and not supported by any legal provision being contrary to the provision of sub-section 27 Chapter XI Section IV of the Manipur Education Code, 1982. On the other hand, the said provision clearly provides power of withdrawal of Grant-in-Aid status and for dissolving the Governing Body. 38. Section IV of the Manipur Higher Education Rules for Government Colleges, 2016 stipulates as under: '19. Government funding may be suspended or withdrawn at any time by the Government for non-fulfillment of any conditions of Government funding laid down in these Rules. Government funding are also liable to be withdrawn if any member of the Governing Body of the College or its staff or students organize or take part in any objectionable activity-political, commercial or any other considered undesirable by the Government after giving the Governing Body a show cause notice and reasonable opportunity to explain their position in this regard. In particular, the grants are liable to be withdrawn if:- a) In a College the percentage of pass in the University examination falls below the University average for three consecutive years. b) Discipline is not properly maintained in the College. c) For violation of any of the conditions of the grant. In particular, the grants are liable to be withdrawn if:- a) In a College the percentage of pass in the University examination falls below the University average for three consecutive years. b) Discipline is not properly maintained in the College. c) For violation of any of the conditions of the grant. d) The Government reserves to itself the right of dissolving the existing Governing Body of the College in case of gross mismanagement provided that a caretaker Governing Body be constituted by the Government immediately after the dissolution to run the College until replaced by a regularly constituted Governing Body within 3 months from the date of dissolution.' 39. Further, the authority of the impugned order being issued by the Deputy Secretary (Higher and Technical Education) and not by Director of University and Higher Education has been rectified in order to cure the formal defect and to ensure the compliance of Manipur Education Code and the orders of this Court passed in the earlier round of litigation. 40. It is apposite to mention that the sixth respondent Dr. Ng. Ekasini Devi who is former Principal in-charge of the College has already retired and had no role to play and in her place a new Principal in-charge was performing duties, however, the new Principal in-charge has not been made as party in the writ petition. In view of the above, the sixth respondent has nothing to do with the Caretaker Governing Body of Naorem Birahari College. 41. The argument of the learned counsel for the respondents 5 and 6 is that the petitioners have no locus standi, as the Governing Body consisting the petitioners has been dissolved and never alive again after 29.9.2021 and, as such, only Grant-in-Aid was restored and therefore, the writ petition being W.P.(C) No.968 of 2021 is not maintainable. This Court finds some force in the argument of the learned counsel for the respondents 5 and 6, as while challenging the appointment of Dr.Irom Kunjabati Devi, Assistant Professor (Education), Naorem Birahari College as the Principal in-charge in W.P.(C) No.7 of 2022 which was disposed of as not pressed the petitioners have stated their capacity as former Chairman and former Secretary of the Governing Body of Naorem Birahari College, Khundrakpam. 42. 42. Thus, it is clear that in case of gross mismanagement, the Government has right to dissolve the exiting Governing Body of the Government College, provided that a Caretaker Governing Body constituted. In the case on hand, after dissolving the Governing Body in which the petitioners were Chairman and Secretary, a Caretaker Governing Body was constituted and the said Governing Body is still functioning and there is no dispute on it. The same has been highlighted at this juncture to say that the Government has power to dissolve the Governing Body of the Government College if any mismanagement found. 43. In the instant case, as stated supra, after finding the abnormal situation in the College, the Governor of Manipur directed to dissolve the Governing Body and accordingly, the impugned order dated 29.9.2021 came to be issued. Since the order dated 29.9.2021 and the subsequent orders which are impugned herein were also issued in the interest of public as well as the student community and the faculty members of the College, exercising jurisdiction under Article 226 of the Constitution of India, the same cannot be interfered with. 44. Coming to the challenge made to the order dated 18.7.2022 in W.P.(C) No.569 of 2022, the learned counsel for the petitioners argued that the said order is illegal, arbitrary and discriminatory for the reason that there is no provision under Clause 27A of Section IV of the Manipur Education Code for extension of a Caretaker Governing Body of a Government Aided College whose terms has already expired. 45. On a perusal of the impugned order dated 18.7.2022, it has been stated that in continuation of the order dated 29.11.2021, the Caretaker Governing Body of Naorem Birahari College is extended for a period of three months with effect from 5.7.2022. The constitution of Caretaker Governing Body was challenged in W.P.(C) No.968 of 2021 and this Court observed that there is no infirmity in constituting the Caretaker Governing Body. While that being so, the impugned order dated 18.7.2022 extending the period for another three months is not an arbitrary exercise and there is no need to interfere with it. 46. While issuing the order dated 18.7.2022, the Director of University and Higher Education directed the Principal in-charge of Naorem Birahari College, Khundrakpam to take steps to constitute the new Governing Body of the College as per the advice given by the Administrative Department. 46. While issuing the order dated 18.7.2022, the Director of University and Higher Education directed the Principal in-charge of Naorem Birahari College, Khundrakpam to take steps to constitute the new Governing Body of the College as per the advice given by the Administrative Department. In such view of the matter, while upholding the order dated 18.7.2022, it would be appropriate to direct the respondent authorities to constitute a regular Governing Body of Naorem Birahari College, Khundrakpam before 4.10.2022 so as to avoid further complicacies in the matter. 47. In view of the findings and observations recorded on perusal of the fact position prevailing in this case, the proposition laid down in various decisions relied on by either side mainly on the issue of the consequence of violation of principles of natural justice are not discussed. 48. For the foregoing discussions, this Court is of the view that there is no merit in the writ petitions and further the petitioners have no locus standi to question the impugned orders and thus, the writ petitions are liable to be dismissed. 49. In the result, a) the writ petitions are dismissed. b) The respondents 1 and 2 are directed to constitute a new Governing Body of Naorem Birahari College, Khundrakpam under the provisions of the Manipur Education Code, 1982 at the earliest, as the term of the Caretaker Governing Body of the College extended by the impugned order dated 18.7.2022 expires on 4.10.2022. No costs.