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2022 DIGILAW 21 (MAN)

Nameirakpam Nodiachand Singh v. State of Manipur

2022-02-08

LANUSUNGKUM JAMIR

body2022
JUDGMENT 1. The petitioners along with the respondent Nos.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. Thereafter, the petitioner No.1 submitted an objection to the ZEO, Zone-1 on 26.12.2013 against the inclusion of respondent Nos.5 and 6 as members of the School Management Committee on the ground that the respondent No.5 is involved in a criminal case and respondent No.6 cannot be a local educationist inasmuch as he is not a local resident of Uripok Constituency wherein the Sakhi Devi Girls' High School is located. 2. During the pendency of the objection filed by the petitioner No.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. In the said meeting, the respondent Nos.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). 3. 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, without giving any notice or information to the members of the SMC including the petitioners. In the said emergency meeting, only the President, Secretary and the Ex-officio member (respondent Nos.6, 5 and 9) were present and the rest of the members of the SMC were absent. In the said emergency meeting held on 21.2.2015 the following four resolutions were passed: 'Resolution No.1. The meeting resolved that (1) Smt W.Nalini Devi Undergraduate Teacher Govt approved (seniormost staff in the school both in service and grade next to Smt Mangolngabi Graduate Teacher retired on superannuation) staff to be promoted to the post of Graduate Teacher vacated by Smt K.Memthoi Devi Retd on superannuation. The meeting resolved that (1) Smt W.Nalini Devi Undergraduate Teacher Govt approved (seniormost staff in the school both in service and grade next to Smt Mangolngabi Graduate Teacher retired on superannuation) staff to be promoted to the post of Graduate Teacher vacated by Smt K.Memthoi Devi Retd on superannuation. (2) Smt RK Sanajaobi Devi Sr.most uapproved is recommended for appointment as Graduate Teacher post vacated by Smt L.Haripriya Devi Rtd on superannuation. (3) Smt T.Bimolini Devi 2nd seniormost unapproved staff is recommended for post of Under Graduate vice Smt W.Nalini Devi promoted to Graduate. Resolution No.2. The meeting considering the retiring staff Smt N.Mangolnganbi Devi it was further resolved that Smt T.Bimolini Devi be recommended for promotion to the Graduate Teacher post vacated by Smt Mangolnganbi Devi and Smt Kh.Anita Devi 3rd senior-most staff be recommended for filling up the resultant vacancy caused by the promotion of Smt T.Bimolini Devi to the post of Graduate Teacher. Resolution 3. The meeting further resolved that the proceeds of the meeting be communicated to the concerned ZEO. Resolution 4. It was further resolved that Shri Th.Ibopishak Singh President SMC is recommended to represent the school in the ensuing DPC being arranged in the Directorate of Education (S).' 4. Another meeting of the members of the SMC and Staff Members of the Sakhi Devi Girls' High School was held on 23.7.2016 without giving any notice or information to the petitioners and only 5 (five) members of the SMC including the Chairman were present and Resolution No.4 passed in the said meeting reads as under: 'Resolution No.4. Today's meeting also discussed minutely the recommendation submitted earlier for conversion of Smt RK Sanajaobi Devi as graduate teacher and her retiring date which falls on 31.08.2016. The meeting further unanimously agreed to take the following resolution for filling up the resultant vacancy to her retirement. a) Resolve to recommend and submit Smt K.Anita Devi (already recommended as approve teacher against under-graduate post), un-approved graduate teacher against the resultant vacancy caused due to retirement of Smt R.K.Sanajaobi Devi. b) Further, since Smt K.Anita Devi has been recommended as approved graduate teacher, it is resolve that Shri S.Tomba Singh, un-approved Science graduate teacher, be recommended as approved under graduate teacher against the resultant vacancy.' 5. b) Further, since Smt K.Anita Devi has been recommended as approved graduate teacher, it is resolve that Shri S.Tomba Singh, un-approved Science graduate teacher, be recommended as approved under graduate teacher against the resultant vacancy.' 5. On the basis of the resolution passed in the meeting of the SMC held on 21.02.2015 and 23.7.2016, the Secretary, SMC issued order dated 10.10.2016 appointing/promoting the respondent Nos.7, 8, 9 and 10 as temporary teachers at Sakhi Devi Girls' High School (Aided) w.e.f. the date of joining in the School. Thereafter, the ZEO, Zone-I, Government of Manipur issued Order dated 10.10.2016 approving the Order dated 10.10.2016 issued by the Secretary, SMC, Sakhi Devi Girls' High School. 6. The petitioner, who is the founder of the Sakhi Devi Girls' High School and in whose absence the resolution was taken for promoting/appointing the respondent Nos.7 to 10, submitted several representations to the concerned authority and the State Government including representation dated 5.12.2016 addressed to the Director of Education (S), 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 Nos.7 to 10. However, no action was taken by the respondents. 7. Being aggrieved, the petitioners are before this Court challenging the order dated 10.10.2016 issued by the Secretary, School Management Committee, Sakhi Devi Girls' High School, Uripok Imphal and also the order dated 10.10.2016 issued by the ZEO, Zone-I, Government of Manipur approving the order dated 10.10.2016 issued by the Secretary, SMC. 8. Heard Mr.A.Golly, learned counsel for the petitioner as well as Ms.Sundari, learned GA for respondent Nos.1 and 2 and Mr.Kh.Binoy, learned counsel appearing for respondent Nos.3 to 10. 9. Mr.A.Golly, learned counsel for the petitioner submits that the resolution of the SMC to promote/appoint the respondent Nos.7 to 10 as Approved Teachers has been taken in contravention of Rules 7, 11, 12, 13 and 14 of the Manipur Aided Secondary Schools (Management Committee) Rules, 1975 (Rules of 1975 in short) and, therefore, such resolutions are illegal. He submits that no recommendations have been made by the duly constituted Selection Committee as provided under Rule 4(vii) under the Manipur Grant-in-Aid to School Rules, 1977 (Rules of 1977 in short) for appointing/promoting the respondent Nos.7 to 10 as approved teachers of the Sakhi Devi Girls' High School. 10. He submits that no recommendations have been made by the duly constituted Selection Committee as provided under Rule 4(vii) under the Manipur Grant-in-Aid to School Rules, 1977 (Rules of 1977 in short) for appointing/promoting the respondent Nos.7 to 10 as approved teachers of the Sakhi Devi Girls' High School. 10. Learned counsel for the petitioners submits that the School Management Committee of the Sakhi Devi Girls' High School consists of 10 (ten) members and in terms of Rule 12 of the Rules of 1975 the quorum for having a School Management Meeting is a minimum of five members. However, in the emergency meeting of the SMC, which was held on 21.2.2015, the members present at Sl.Nos.1 to 10 are all Assistant Teachers who are not members of the Management Committee. Further, the person at Sl.No.11 is the Headmistress, who is the Ex-officio member and the persons at Sl.Nos.12 and 13 are the only members of the SMC but they did not sign in the Attendance Sheet as is evident as annexed in Annexure-A/3 to the present writ petition. Further, Sl.No.14 is the Secretary of the SMC and Sl.No.15 is an invitee who is not the member of the SMC and Sl.No.16 is the Assistant Headmaster who is also not a member of the SMC. The only members of the SMC are the President and the persons at Sl.Nos.11 and 12 and, therefore, as there was no quorum for having the emergency meeting, any resolution passed in the emergency meeting dated 21.2.2015 is void in the eye of law. 11. Another ground taken by the learned counsel for the petitioners is that the Headmistress could not have been present in the said emergency meeting inasmuch Resolution No.1 was passed for her promotion to the post of Graduate Teacher. Referring to the counter affidavit filed by the respondent Nos.3 to 10 at Annexure B/3, which is a Meeting Notice dated 19.2.2015 for having the emergency meeting of the Committee on 21.2.2015, learned counsel for the petitioners submits that the meeting Notice is issued by the Secretary, SMC, Sakhi Devi Girls' High School and submits that the same is also in contravention of Rule 14 (b) of the Rules of 1975 inasmuch as Rule 14 (b) of the Rules of 1975 provides that an emergency meeting may be convened by the President, if necessary, at not less than 24 hrs notice. Therefore, when the meeting Notice dated 19.2.2015 is issued by the Secretary, SMC the same is in violation of the Rule 14 (b) of the Rules of 1975. 12. Learned counsel for the petitioners also submits that in the second meeting of the SMC held on 23.7.2016 there was no quorum of the SMC again inasmuch as there were only 4 (four) members of the School Management Committee and the rest were employees of the School including the Headmistress. In that view of the matter, as the emergency meeting held on 21.2.2015 and the SMC meeting held on 23.7.2016 lacked quorum, any resolutions passed in the said two meetings are invalid and cannot be acted upon and, therefore, the impugned Order dated 10.10.2016 issued by the Secretary, SMC and Order dated 10.10.2016 issued by the ZEO, Zone-I, requires to be set aside and quashed. He also places reliance in the case of (1) Bhavnagar University v. Palitana Sugar Mill (P) Ltd & Ors reported in (2003) 2 SCC 111 , (2) Commissioner of Income Tax Mumbai v. Anjum M.H.Ghaswala & Ors reported in (2002) 1 SCC 633 and (3) Hukam Chand Shyam Lal v. Union of India & Ors reported in AIR 1976 SC 789 . 13. Ms.Sundari, learned GA appearing on behalf of the State respondents submits that Rule 12 of the Rules of 1975 provides that five members shall form a quorum except in case of a Committee with less than 8 (eight) members where 4 (four) shall form a quorum. She submits that as five members of the SMC were present in the meeting held on 21.2.2015 it fulfilled the quorum of the SMC constituted as per the order dated 26.12.2013. She also submits that as per rule 14(b) of the Rules of 1975, an emergency meeting may be convened by the President, if necessary, not less than 24 hrs notice. The meeting held on 21.2.2015 was convened by the President of the SMC of Sakhi Devi Girls' High School and in the said meeting five members of the SMC were present and as such, the meeting fulfils the required quorum. 14. The meeting held on 21.2.2015 was convened by the President of the SMC of Sakhi Devi Girls' High School and in the said meeting five members of the SMC were present and as such, the meeting fulfils the required quorum. 14. Pursuant to recommendation of the SMC for appointment/promotion of the respondent Nos.7 to 10 and also on the recommendation of the DPC held on 10.08.2016, the Secretary, SMC issued the order dated 10.10.2016 appointing respondent Nos.7 to 10 as temporary teachers of the Sakhi Devi Girls' High School and the order of the Secretary was approved by the ZEO, Zone-I, by another order dated 10.10.2016. As the appointment/promotion of the respondent Nos.7 to 10 was made by the SMC after fulfilling the required quorum and also on the recommendation of the DPC as per Rules, the representation filed by the petitioner No.1 could not be entertained, and submits that there is no merit in the writ petition and requires to be dismissed. 15. Mr.Kh.Binoy, learned counsel appearing on behalf of respondent Nos.3 to 10, while endorsing the submission made by the learned GA submits that the meeting Notice dated 13.4.2015 and meeting Notice dated 19.2.2015 issued by the Secretary of the SMC would indicate that 7 (seven) days' notice was given and at least 24 hrs Notice were given as provided under Rules 13 and 14 (b) of the Rules of 1975. As regards the allegation that there was no quorum in the meeting of the SMC it is submitted that two guardian representatives, the Ex-officio Secretary, Secretary and President were present besides the Assistant Teachers of the said Sakhi Devi Girls' High School numbering to 10 (ten) members and one Invitee and therefore, the meeting held on 21.2.2015 had the quorum to pass the resolution and make the recommendations. He also submits that the private respondent Nos.7, 8, 9 and 10 had already joined their duties in the respective posts and they are serving as temporary teachers in terms of the order dated 10.10.2016 issued by the ZEO, Zone-I, Government of Manipur. He therefore submits that the writ petition may be dismissed. 16. I have considered the submissions advanced by the learned counsel for the parties. 17. He therefore submits that the writ petition may be dismissed. 16. I have considered the submissions advanced by the learned counsel for the parties. 17. During the course of argument, Ms.Sundari, learned GA, as directed by this Court, had produced a letter dated 19.11.2018 written by the ZEO Zone-I, Government of Manipur and addressed to the Director of Education (S), Government of Manipur, giving information as directed by this Court to the learned GA. The said letter dated 19.11.2018 is reproduced hereinbelow: 'Government of Manipur Office of the Zonal Education Officer,I/W, Zone-I No.3/court-35/2017-ED(Z-I) Imphal, the 19th Nov/2018 To The Director of Education (S), Government of Manipur. Subject: Writ Petition (C) No.822 of 2017 Shri N.Nodiachand Singh Vs 1. Th.State of Manipur and Ors Madam, I have to honour to refer to the State Government counsel (HC)'s letter no.102/767/2017 GA(C)/923 dated 30.10.2018 regarding the above subject and to furnish the following information. 1. The Secretary, School Managing Committee is not empowered to convene an emergency meeting of the committee as per Manipur Aided Secondary Schools (Managing Committee) Rules, 1975. However, the emergency meeting held on 21.02.2015 was convened by the Secretary School Managing Committee, Shakhi Devi Girls H/S under the instruction of the president of the SMC of the School and the meeting was also chaired by the president of the SMC. 2. Emergency meeting held on 21.02.2015 was fulfilled the required quorum as per Rule 12 of the Manipur Aided Secondary Schools (Managing Committee) Rules, 1975 as 5 (five) members i.e. i) Shri Th.Ibopishak Singh, President ii) Shri T.Tikendrajit Singh, Secretary iii) Smt W.Nalini Devi, Ex-officio, iv) Smt Sh.Usha Devi, Guardian Representative and v) Smt Debayanti Devi, Guardian representative were present. In short, the sufficient number of members were present in the said emergency meeting. 3. It is not permissible for a teacher to attend the meeting while her case for promotion is under consideration. However, Smt W.Nalini Devi attended the meeting held 21.02.2015 as an Ex officio member of the SMC of Shakhi Devi Girls H/S. I am, therefore, to request you kindly to take further necessary action to defend the case. Yours faithfully, Sd/- (Sucheta Khumukcham) ZEO, Zone-I, Government of Manipur.' 18. However, Smt W.Nalini Devi attended the meeting held 21.02.2015 as an Ex officio member of the SMC of Shakhi Devi Girls H/S. I am, therefore, to request you kindly to take further necessary action to defend the case. Yours faithfully, Sd/- (Sucheta Khumukcham) ZEO, Zone-I, Government of Manipur.' 18. The petitioners have made an allegation that the SMC meeting was held without quorum and any resolution adopted in the emergency meeting held on 21.2.2015 and SMC meeting held on 23.7.2016 are invalid and cannot be acted upon. Rule 12 of the Rules of 1975 provides that five members shall form a quorum except in case of Committee not less than 8 (eight) members. 19. The order dated 26.12.2013 issued by the ZEO, Zone-I, approving the formation of the SMC in respect of the Sakhi Devi Girls' High School has been considered by this Court. In the said SMC approved by the ZEO, the names of the petitioner Nos.1, 2, 3 and 5 appears at Sl.Nos.1, 2, 3 and 10 and names of the respondent Nos.3, 4, 5, 6 and 9 appear at Sl.Nos.6, 4, 8, 9 and 4 respectively along with one Smt N.Mangolnganbi Devi as (Teacher/ representative). The said persons as mentioned above forms the members of the SMC. The proceedings of the emergency meeting held on 21.2.2015 is annexed as Annexure A/3 to the writ petition. Amongst the members present in the emergency meeting held on 21.2.2015, the respondent Nos.9, 4, 3 and 5 were the only person from amongst the members of the SMC, and the rest of the 16 (sixteen) members were Assistant Teachers at Sl.Nos.1 to 10 and one invitee at Sl.No.15 and the Assistant Headmaster at Sl.No.16. Further, in the said emergency meeting held on 21.2.2015 a resolution was passed for promotion of the respondent No.9 to the post of Graduate Teacher, therefore, in terms of the Rule 7 of the Rules of 1975, the respondent No.5 could not have attended the emergency meeting held on 21.2.2016. Under such circumstances, the members of the SMC comes down only to three. Therefore, the emergency meeting held on 21.2.2015 was in violation of the Rule 12 of the Rules of 1975 inasmuch as there was no quorum to hold the emergency meeting. 20. Under such circumstances, the members of the SMC comes down only to three. Therefore, the emergency meeting held on 21.2.2015 was in violation of the Rule 12 of the Rules of 1975 inasmuch as there was no quorum to hold the emergency meeting. 20. Another point of note is the Notice dated 19.2.2015 issued by the Secretary, SMC, Sakhi Devi Girls' High School for the emergency meeting to be held on 21.2.2015 which is annexed to the counter affidavit filed by the respondent Nos.3 to 10 as Annexure B/3. Rule 14(b) of the Rules of 1975 clearly prescribes that an emergency meeting may be convened by the President, if necessary, at least not less than 24 hrs Notice and all resolutions passed at such emergency meeting will be subject to confirmation or revision at the next ordinary meeting. Therefore, in the considered opinion of this Court, the meeting Notice issued by the Secretary is also in contravention of Rule 14 (b) of the Rules of 1975 inasmuch as it is only the President who can convene the emergency meeting. It is settled position of law that when a power is required to be exercised by a certain authority in a certain way, it should be exercised in that manner only or not at all. Therefore, this Court has no hesitation to come to the conclusion that the meeting Notice dated 19.2.2015 was passed by an authority not authorized under the Rules of 1975. As regards the contention of learned counsel for respondent Nos.3 to 10 that the meeting Notice dated 13.4.2015 was issued by the Secretary for convening a meeting on 20.04.2015 giving 7 (seven) days' time as provided under the Rule 13 of the Rules of 1975, this Court has considered the same. However, the said meeting Notice dated 13.4.2015 has no application in the present case in hand as the matter involved in the Notice dated 13.4.2015 is with regard to the meeting to be held on 20.04.2015 and has no relevance to the case in hand. However, the said meeting Notice dated 13.4.2015 has no application in the present case in hand as the matter involved in the Notice dated 13.4.2015 is with regard to the meeting to be held on 20.04.2015 and has no relevance to the case in hand. Rule 14 (b) of the Rules of 1975 further 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 Nos.3 to 10 has brought on record that the resolution passed in the emergency meeting held on 21.2.2015 was confirmed or revised in the next ordinary meeting. Therefore, the 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. In the absence of such confirmation, no action could have been taken on the resolutions passed in the emergency meeting held on 21.2.2015. 21. Coming to the second meeting that was held on 23.7.2016, the proceedings of the said meeting has been annexed as Annexure A/4 (colly) in the present writ petition and a translated copy at page 22. On perusal of the proceedings of the meeting held on 23.7.2016, it is seen that the respondent Nos.5, 9, 4 and 3 who are members of the SMC were present at Sl.Nos.1, 2, 3, and 4 respectively. However, from Sl.Nos.5 to 20 are all Assistant Teachers who are not members of the SMC and the persons at Sl.Nos.21 and 22 are the LDC and Chowkidar of the said School and at Sl.No.23 is a Government representative. This would also indicate that there was no quorum in so far as the meeting of the SMC held on 23.7.2016 is concerned. Therefore, in the absence of quorum, any resolution passed in the SMC meeting held on 23.07.2014, cannot be accepted by this Court. 22. This Court has also considered the letter dated 19.11.2018 produced by the learned Government Advocate. A reading of the same clearly indicates admission by the official respondents that the Secretary, SMC is not empowered to convene an emergency meeting. It is however stated that the Secretary had convened the meeting under the instruction of the President of the SMC and the meeting was also chaired by the President. A reading of the same clearly indicates admission by the official respondents that the Secretary, SMC is not empowered to convene an emergency meeting. It is however stated that the Secretary had convened the meeting under the instruction of the President of the SMC and the meeting was also chaired by the President. However, the issue is who is authorized to convene the meeting under the Rules of 1975 and not under whose instruction the meeting was convened and who chaired the meeting. Further, para 2 and 3 of the letter dated 19.11.2018 would clearly indicate that the respondent No.9 had attended the meeting held on 21.02.2015 when her case for promotion was under consideration. This is also not permissible under Rule 7 of the Rules, of 1975. 23. Accordingly, in view of the observations and discussions made hereinabove, the impugned order dated 10.10.2016 passed by the Secretary, SMC, Sakhi Devi Girls' High School, Uripok, Imphal, appointing/promoting the respondent Nos.7, 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) are set aside and quashed. The writ petition is allowed. No cost.