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2014 DAILYLAW 301 (MEG)

Shri Kakuto v. State Of Meghalaya

WP(C)/310/2014 · 2026-07-01

B Bhattacharjee

body2014

Judgment text

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Serial No.04 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP (C) No. 310 of 2014 Date of Order: 01.07.2026 1. Mr. Kakuto Aged about 27 years Son of Shri. Vikiho Sumi Resident of Nongthymmai, East Khasi Hills District, Shillong, Meghalaya. 2. Mr. Dawa Phuntsho Aged about 27 years Son of Shri. Sonam Drukpa Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 3. Mr. Monmaya Aged about 24 years Son of Shri. Mon Maya Gurung Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 4. Miss. Pena Choki Aged about 23 years Son of Shri. Kezang Dorji Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 5. Mr. Ugyen Chendup Aged about 23 years Son of Shri. Tashi Dorji Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 2026:MLHC:649 6. Mr. Karma Wangchuk Aged about 23 years Son of Shri. Jangchub Tenzin Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 7. Mr. Tula Ram Dhankuti Aged about 22 years, Son of Shri. Padam Lal Dhanhuti, Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 8. Miss. Seloon Aged about 23 years, Daughter of Shri. Yeshi Wangoi, Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 9. Mr. Bikasa Dahal Aged about 23 years, Son of Shri. Dhim Bahardur Dahal, Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 10. Mr. Kinley Wangchuk Aged about 23 years, Son of Shri. Santen Choejala, Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 11. Miss. Sungjenrenla Jamir Aged about 26 years, Daughter of Shri. Aotemsu Jamir, Resident of Upland road, East Khasi Hills District, Shillong Meghalaya. 12. Mr. Akumtong Pongen Aged about 27 years, 2026:MLHC:649 Son of Shri. Aotemsu Jamir, Resident of Upland road, East Khasi Hills District, Shillong Meghalaya. 13. Miss. Toshisongla Aged about 27 years, Daughter of Shri. Chubalepzuk, Resident of Upland road, East Khasi Hills District, Shillong Meghalaya. 14. Miss. Elina K. Achumi Aged about 23 years, Daughter of Shri. Khetoji Achumi, Resident of Nongrim Hills, East Khasi Hills District, Shillong Meghalaya. 15. Miss, Chitra Rani Aged about 26 years, Daughter of Shri. Thoudam Singh, Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 16. Miss. Imtilila Aier Aged about 26 years, Daughter of Shri. T. Mamen Aier, Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 17. Miss. Ketisungla Aged about 26 years, Daughter of Shri. Lima Temsu, Resident of North East Girls Hostel, Shillong, East Khasi Hills District, Meghalaya. 18. Miss. Kikali Yeptho Aged about 26 years, Daughter of Shri. Vilooto Yetho, Resident of Upper new Colony, East Khasi Hills District, Shillong 2026:MLHC:649 Meghalaya. 19. Miss. Bamin Pinky Aged about 26 years, Daughter of Shri. Bamin Taiin, Resident of Madanriting, East Khasi Hills District, Shillong Meghalaya. 20. Mr. Javad Pegy Aged about 25 years, Son of Shri. Jugananda Pegy, Resident of Madanriting, East Khasi Hills District, Shillong Meghalaya. 21. Miss. N. Ebebeni Tungoe Aged about 26 years, Daughter of Shri. Nzanbemo Tungoе, Resident of Motinagar, East Khasi Hills District, Shillong Meghalaya. 22. Miss. Sevotsonuo Temi Aged about 27 years, Daughter of Shri. Malo Temi, Resident of Motinagar, East Khasi Hills District, Shillong Meghalaya. 23. Mr. Longshibemo Aged about 26 years, Son of Shri. Echio Tungoe, Resident of Nongthymmai, East Khasi Hills District, Shillong Meghalaya. 24. Miss. Deepa Chetri Aged about 26 years, Daughter of Late. Chandra Bhadur Chetri, Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 2026:MLHC:649 25. Miss. Mohini Rina Aged about 24 years, Daughter of Shri. N. Rina Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 26. Miss. C. Abeni Ngulli Aged about 26 years, Daughter of Shri. Chumthungo Ngulli Resident of Motinagar, East Khasi Hills District, Shillong Meghalaya. 27. Miss. Nagatoli Chophy Aged about 25 years, Daughter of Shri. Vitoshe Chophy Resident of Laitumkhrah, East Khasi Hills District, Shillong, Meghalaya. 28. Mr. Mudothili Sumi Aged about 27 years, Son of Shri. Besuyi Resident of Nongrim Hills, East Khasi Hills District, Shillong Meghalaya. 29. Mr. Pothito Aged about 25 years, Son of Shri. Thupukhrunye Resident of Nongrim Hills, East Khasi Hills District, Shillong Meghalaya. 30. Mr. Rinchen Wangmo Aged about 26 years, Son of Shri. Gurula Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 31. Miss. Sophia Thonger Aged about 26 years, Daughter of Shri. L.I. Sangtam 2026:MLHC:649 Resident of Nongthymmai, East Khasi Hills District, Shillong Meghalaya. 32. Miss. Tsuktiksla Longkumer Aged about 25 years, Daughter of Shri. Sakunemla Longkumer Resident of Nongthymmai, East Khasi Hills District, Shillong Meghalaya. 33. Miss. Aosenla Imchen Aged about 24 years, Daughter of Shri. Temsakaba Imchen Resident of Laitumkhrah, East Khasi Hills District, Shillong Meghalaya. 34. Miss. Keziveneou Kuotsu Aged about 27 years, Daughter of Shri. Neiketouzo Kuotsu Resident of Nongrim Hills, East Khasi Hills District, Shillong Meghalaya. 35. Miss. Avghukali Y. Sumi Aged about 26 years, Daughter of Shri. Yehozhe Sema Resident of Upper new colony, East Khasi Hills District, Shillong Meghalaya. 36. Miss. Loam Khiamnienger Aged about 25 years, Daughter of Shri. Shingnja Khiamnienger Resident of Motingar, East Khasi Hills District, Shillong, Meghalaya. 37. Miss. Rebeki Kaipang Aged about 23 years, Daughter of Shri. Hungzoliana Kaipang Resident of Madanriting, East Khasi Hills District, Shillong, Meghalaya. 2026:MLHC:649 38. Miss. Jessica Y. Ezung Aged about 26 years, Daughter of Shri. Yiponthung Ezung Resident of North East Girls Hostel, Shillong, East Khasi Hills District, Meghalaya. 39. Miss. Vipkretono Thoric Aged about 26 years, Daughter of Shri. Sazo Thoric Resident of Lower Nongrim Hills, Shillong, East Khasi Hills District, Meghalaya. 40. Miss. Temsukala Jamir Aged about 25 years, Daughter of Shri. Chubaonen Jamir Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 41. Miss. Lipoklemla Aged about 23 years, Daughter of Shri. Chujanmeren Pongner Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 42. Miss. Kupe-U- Kupa Aged about 25 years, Daughter of Shri. Dikhrgu Kupа Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 43. Miss. Judith Zeliang, Aged about 26 years, Daughter of Shri. R. Dibambo Zeliang Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 44. Mr. Abner Jamang, Aged about 27 years, Son of Shri. Khangai Jamang, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 2026:MLHC:649 45. Miss. Tolivi Achumi, Aged about 25 years, Daughter of Shri. Khetovi Achumi, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 46. Miss. Enlivent, Aged about 23 years, Daughter of Shri. Tonispala, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 47. Miss. Satisfy Poshna Aged about 24 years, Daughter of Shri. Saj Bareh, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 48. Miss. Puai L. Konyak Aged about 25 years, Daughter of Shri. Luaipai Konyak, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 49. Miss. T.S. Angela Aged about 24 years, Daughter of Shri. T.S. Waroin, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 50. Miss. Cherry Suting Aged about 23 years, Daughter of Smti. Tympang Suting, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 51. Miss. Serila Aged about 24 years, Daughter of Shri. Yongrise, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 52. Miss. Imtichila Walling Aged about 25 years, Daughter of Shri. L. Imrong Walling, 2026:MLHC:649 Resident of Motinagar, Shillong, East Khasi Hills District, Meghalaya. 53. Miss. Zulutenla Aged about 23 years, Daughter of Shri. Imsuomen, Resident of Laitumkhrah, Beat House, Shillong, East Khasi Hills District, Meghalaya. 54. Mr. Jongpongchiten Longkumer Aged about 24 years, Son of Shri. Merensoba, Resident of Motingar, Shillong, East Khasi Hills District, Meghalaya. 55. Miss. Keheiyile Aged about 26 years, Daughter of Shri. K.S. Nguhie Namcyn, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 56. Miss. T. Lumlila Sangtam Aged about 27 years, Daughter of Shri. M. Tsipongse, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 57. Mr. Ravi Acharya Aged about 23 years, Son of Shri. Ram Prasad Acharya, Resident of Pine Mount School Compound, Shillong, East Khasi Hills District, Meghalaya. 58. Mr. Merensangba Imsong Aged about 25 years, Son of Shri. Marsosang Ao, Resident of Motinagar, Shillong, East Khasi Hills District, Meghalaya. 59. Mr. Keviselitou Chaoi Aged about 23 years, Son of Shri. Dizolie Angami, 2026:MLHC:649 Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 60. Mr. Themshang Awungshi Aged about 24 years, Son of Shri. Yarthotngam Awungshi, Resident of Nongrim Hills, Shillong, East Khasi Hills District, Meghalaya. 61. Miss. Kehodeno Pucho Aged about 25 years, Daughter of Shri. Tosovise Pucho, Resident of Nongrim Hills, Shillong, East Khasi Hills District, Meghalaya. 62. Miss. Kezhono Rhetso Aged about 26 years, Daughter of Shri. Vito Rhetso, Resident of Nongrim Hills, Shillong, East Khasi Hills District, Meghalaya. 63. Mr. Lendinokdang Aged about 24 years, Son of Shri. Temjensangba, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 64. Miss. Imsuicnla Aonok Aged about 25 years, Resident of Motinagar, Shillong, East Khasi Hills District, Meghalaya. 65. Miss. Marpi Nyorak Aged about 24 years, Son of Shri. Nyorak, Resident of Motinagar, Shillong, East Khasi Hills District, Meghalaya. 66. Mr. Kumzukchiba Aged about 23 years, Daughter of Shri. Imnanuklu, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 67. Mr. Tiameren 2026:MLHC:649 Aged about 28 years, Daughter of Shri. Longkokchujang, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 68. Miss. Lamusangla Jamir Aged about 23 years, Daughter of Shri. Sangyumeren, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 69. Mr. H. Mono Khimeng Aged about 26 years, Daughter of Shri. Humkono, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 70. Mr. T. Kukang Aged about 23 years, Son of Shri. Tiankang, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 71. Miss. Y. Rachel Phom Aged about 26 years, Daughter of Shri. Yangmona Phom, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 72. Miss. Sanglachenla Phom Aged about 27 years, Daughter of Shri. Denai Phom, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 73. Miss. Imtisenla Aged about 25 years, Daughter of Shri. Inmameren, Resident of Laitumkhrah, Shillong, East Khasi Hills District, Meghalaya. 74. Miss. Kujingaulab Aged about 23 years, Daughter of Shri. John Zeliang, Resident of Nongthymmai, Shillong, 2026:MLHC:649 East Khasi Hills District, Meghalaya. 75. Miss. Ajengangla Aged about 26 years, Daughter of Shri. Memenba, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 76. Mr. Meribemo Jamir Aged about 24 years, Son of Shri. Zadamo Jamir, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 77. Miss. Nongchingnichipuyer Aged about 23 years, Daughter of Shri. Chonponco, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 78. Mr. Pangtang Senai Aged about 27 years, Son of Shri. Simai, Resident of Dhankheti, Shillong, East Khasi Hills District, Meghalaya. 79. Mr. H. Lngowangni Aged about 26 years, Son of Shri. Wangmai, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 80. Miss. B.Y.S. Sonamatneno Aged about 24 years, Daughter of Shri. MVS Chang, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 81. Miss. Pinky Mize Aged about 26 years, Daughter of Shri. Mize, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 2026:MLHC:649 82. Miss. Tshering Dekar Aged about 25 years, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. 83. Miss. Sepila sangtam Aged about 27 years, Resident of Nongthymmai, Shillong, East Khasi Hills District, Meghalaya. .…..Petitioners -VERSUS- 1. State of Meghalaya represented by its Chief Secretary, Government of Meghalaya, Shillong- 793001. 2. The Principal Secretary to the Government of Meghalaya, Education Department, Shillong. 3. The Commissioner and Secretary Education Department, Government of Meghalaya Shillong 793001. 4. Under Secretary to the Government of Meghalaya Education Department, Shillong. 5. Visitor of the CMJ University through the Principal Secretary to the Hon'ble Governor of Meghalaya, Governor Secretariat, Raj Bhavan Shillong -793001. 6. The CMJ Foundation (Sponsor of the CMJ University) represented by its Secretary, Modrina Mansion, Laitumkhrah Shillong 793003. 7. The CMJ University represented by its Registrar, Modrina Mansion Laitumkhrah, Shillong 793003. 2026:MLHC:649 8. Shri. Chandra Mohan Jha, Chancellor, CMJ University Modrina Mansion Laitumkhrah, Shillong 793003. 9. Board of Governor, CMJ University, Modrina Mansion Laitumkhrah, Shillong -793003. 10. Вoard of Management, CМЈ University, Modrina Mansion Laitumkhrah, Shillong -793003. …..Respondents Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Mr. H. Abraham, Adv. For the Respondent(s) : Dr. N. Mozika, Sr. Adv. with Mr. P. Nongbri, Adv. Judgment and Order (Oral) Heard Mr. H. Abraham, learned counsel appearing for the petitioner, and also Dr. N. Mozika, learned Senior counsel, assisted by Mr. P. Nongbri, learned counsel appearing for respondent Nos. 1–5. There is no appearance on behalf of the respondent Nos. 6-10. This writ petition has been filed claiming compensation for the collection of fees by the respondent CMJ University without any legal competency to do so. The prayer made in the writ petition reads as follows: - “In the premises it is humbly prayed that Your Lordship may be pleased to admit the instant Writ Petition and issue Rule calling upon the Respondents as to why a writ of mandamus should not be issued as to why giving admission to the writ petitioners for Master Degree, B.Com and B.Ed, B.A, B.Sc, MSW, M.Sc Maths to the writ petitioners for the academic 2026:MLHC:649 year 2011-12, 2012-13 and 2013-14 and collecting huge fees thereof by the respondent CMJ University, respondent CMJ Foundation and respondent state without legal competency should not be declared as illegal and unconstitutional and further, please direct the above respondents to award suitable and reasonable compensation to the tune of Rs. 5 lakhs each as permissible under the realm of public law remedy and further be pleased to pass such order/orders as Your Lordship may deem fit and proper. And for which act of kindness the Writ Petitioners as on duty bound shall every pray.” The CMJ University, which was established by virtue of the CMJ University Act, 2009, came to be dissolved by an order dated 31.03.2014 issued by the Education Department of the State of Meghalaya. The said order of dissolution of the University was subsequently upheld by the Apex Court by its judgment dated 13.02.2025. Pursuant to the decision of the Apex Court, by a notification dated 20.02.2025, the Government of Meghalaya, through the Education Department has appointed the Joint Secretary to the Government of Meghalaya, Education Department as the Administrator of CMJ University. The winding up process of the University was, thereafter, commenced by the Administrator of University and a public notice dated 26.03.2025 was issued inviting claims and objections from all concerned within a period of 30 days from the date of the issue of the notice. It is submitted by the learned Senior counsel representing respondent Nos. 1–5 that the grievances raised by the writ petitioner in this petition can be looked into and taken care of by the Administrator of University. He submitted that the time limit fixed in the notification can be relaxed and extended for the petitioners, as they approached this Court with the instant writ petition before the public notice dated 26.03.2025 was issued. 2026:MLHC:649 The learned counsel appearing for the petitioners has opposed the submission made by the learned Senior counsel for respondent Nos. 1–5 and submitted that the petitioners have approached this Court by invoking public law remedy and hence, it would be appropriate for this Court to take a call on the prayer made in the writ petition. He submitted that there are many instances where the Courts have granted relief by ordering payment of compensation in cases involving similar and identical facts. Upon consideration of submissions made by the rival parties, it appears that the suggestion put forward by the learned counsel for the respondent Nos. 1-5, is fair and acceptable as the petitioners will have all the liberty to raise their grievances before the Administrator of University. Even if there is claim for payment of compensation by the petitioners, such claim can be considered and decided by the Administrator. This writ petition, is therefore, disposed of by giving liberty to the petitioners to approach the Administrator of CMJ University within a period of 30 days from today. In the event the petitioners approach the Administrator seeking redressal of their grievances within the period specified above, the Administrator shall decide the matter as expeditiously as possible. Needless to say, the petitioners will have liberty to approach the Court, if there still remains any grievance against the decision of the Administrator. With the above, this writ petition stands closed. No costs. Judge Meghalaya 01.07.2026 Abhinandan, P.S 2026:MLHC:649 Digitally signed by ABHINANDAN KUMAR Date: 2026.07.01 18:07:25 IST