K.P. Meirijing and 19 Others v. State of Manipur and Another

Order dated 16-08-2022 issued by the Additional Chief Secretary (TA & Hills), Govt. of Manipur, (Annexure A/5) thereby directing the SHAMURAILATPAM SUSHIL SHARMA Date: 2023.04.09 22:26:25 +05'30' P a g e | 2

state respondents not to evict the petitioners and their family members/ school going or college going children till the completion of the examination, 2022-2023 is over i.e. up-to April, 2023. (Amended vide order dated 20-12-2022 passed in MC.W.P. (c) No.391 of 2022)

(iii) issue writ of Mandamus or any other appropriate writ for consideration and dispose of the joint representation dated 20-08-2022 pending before the state respondent for consideration by passing a reason and speaking order within a stipulated period of time.

(iv) issue any other appropriate writ/order/direction that the Hon'ble High Court deems fit and just in the interest of justice.

(v) in the interim, the impugned order dated 16-08-2022 (ANNEXURE-A/5) may be stayed /suspended till the pending of the present writ petition or to pass any interim order directing the state respondent not to evict the petitioners and their family members/ school going or college going children till the completion of the examination, 2022-2023 is over i.e. up-to April, 2023. (Amended vide order dated 20-12-2022 passed in MC.W.P. (c) No.391 of 2022) during the pendency of the writ petition for the ends of justice." [3]

After appearance of the respondents, the matter was directed to be posted today. When the matter is taken up today, Mrs. Ch. P a g e | 3

Sundari, learned GA produced a letter dated 28th February, 2023 of the Deputy Secretary (TA & Hills), Government of Manipur which reads as follows :

"GOVERNMENT OF MANIPUR SECRETARIAT: TRIBAL AFFIARS AND HILLS DEPARTMENT

No.1/38/2022-Hills (HC)

Imphal, 28th February, 2023

To Ch. Sundari Devi State Government Counsel High Court, Manipur Subject: - Comment on Recast petition and Misc. Application on W.P. (C) No. 745 of 2022 (K.P. Meirijin –vs-The State of Manipur)

Madam, With reference to the above subject, I am directed to state that, considering the plight of school going students of the students occupying in the ADC, Bhavan, the Government has decided to allow the Occupants of ADC Bhavan to occupy their rooms till April, 2023 as prayed by the petitioners in their Misc. Application. Thereafter, the Hon'ble High Court may direct the petitioners to vacate their rooms after April, 2023. Draft Affidavit-in-Opposition may be submitted to the office of the undersigned for swearing and vetting.

Yours faithfully,

(Dr R.A. Ransing) Deputy Secretary (TA & Hills) Government of Manipur

Copy to:-

¶1PPS to Hon'ble Minister (TA & Hills) Manipur

¶2PS to Addl. Chief Secretary (TA & Hills) Govt. of Manipur

¶3Relevant file" P a g e | 4

[4]

Therefore, as per the above application and information, Mrs. Ch. Sundari, learned GA prayed this Court to grant permission to the petitioners to vacate the rooms after April, 2023. [5]

Mrs. Ch. Sundari, learned GA, therefore, represented that the petitioners may be given time to vacate the rooms till the end of April, 2023 i.e., 31.04.2023. [6]

Mr. RS Reisang, learned senior counsel for the petitioners also produced the letter dated 04.03.2023 which was issued by the Principal, St. Anthony's High School, Chingmeirong-Heingang Road, Imphal East, Manipur which reads as follows: "TO WHOM IT MAY CONCERN This is to certify that the following students are studying in class XI in this school,

¶1Charanga Mowarni Maring |Roll No. : 33 | Class-XI SC (B)| S/o: Charanga Meshil Maring & Charanga Leishilkham Maring| Present Add. : ADC Bhawan, Chingmeirong, Imphal.

¶2Ringya Horam |Roll No. : 33 | Class-XI SC (F)| S/o: Ngashangchui Horam & Khangamla Horam| Present Add. : ADC Bhawan, Chingmeirong, Imphal.

¶3Nchazoing Hau |Roll No. : 33 | Class-XI SC (E)|S/o: Dingau Hau & Ekiegwangle| Present Add. : ADC Bhawan, Chingmeirong, Imphal.

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The promotion examination 2022-23 for Class XI will be held in the month of May, 2023.

The above students are not related to me.

Sd/- Principal St.Anthony's High School, Imphal, Manipur." [7]

As per the above, class upto 11 will be held till May, 2023. Therefore, by showing the said letter dated 04.03.2023, Mr. Reisang, learned senior counsel for the petitioners prayed this Court to grant time for vacating the rooms till May, 2023. [8]

Considering the nature of arguments advanced by both the parties and also in the interest of students community, this Court is inclined to pass the following the orders :

a) this writ petition is disposed of. b) petitioners are directed to vacate their rooms by order dated 31.05.2023 and handover the same to the respondents without fail.

ACTING CHIEF JUSTICE Sushil

P a g e | 1 Item No. 96 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 745 of 2022 K.P. Meirijing & 19 Ors. ….Petitioners -Versus- State of Manipur & Anr. …..Respondents BEFORE HON'BLE THE ACTING CHIEF JUSTICE MR. MV MURALIDARAN 03.04.2023 [1] Heard Mr. RS Reisang, learned senior counsel for the petitioners and Mrs. Ch. Sundari, learned GA for the State respondents. [2] Mr. RS Reisang, learned senior counsel for the petitioners represented that the present writ petition has been filed seeking the prayer as follows : "(i) call for the records of the case and issue rule- nisi calling upon the respondents to show cause as to why the relief (s) prayed for by the petitioners shall not be granted. And after hearing them make the rule absolute. (ii) issue a writ of Certiorari/Mandamus and/or any other appropriate writ or order, compelling the respondents for quashing and setting aside the