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2025 DAILYLAW 1067 (MAN)

SMT SANASAM SANA DEVI v. STATE OF MANIPUR AND ORS

WP(C)/469/2019 · 2025-09-01

Ahanthem Bimol Singh

Writ Petition (Civil)body2025

Judgment text

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1 Item No. 19 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 469 of 2019 Smt. Sanasam Sana Devi Petitioner Vs. State of Manipur & Ors Respondents BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 02.09.2025 [1] Heard Mrs. G. Pushpa, learned counsel appearing for the petitioner and Mr. Th. Vashum, learned GA appearing for the respondents No. 1 & 2, Mr. RK Deepak, learned senior counsel assisted by Mr. Denish Tokpam, learned counsel appearing for the respondent No. 3. [2] The present writ petition has been filed assailing the order dated 16.04.2019 issued by the Secretariat: Education (S) Department, Government of Manipur by which the Government has declined to give promotion to the petitioner to the higher post of Lecturer in the Government Higher Secondary School pursuant to the recommendation made by the Manipur Public Service Commission only on the ground that the post graduate degree obtained by the petitioner, i.e., KABORAMBAM SAPANA CHANU Digitally signed by KABORAMBAM SAPANA CHANU Date: 2025.09.03 13:42:25 +05'30' 2 in the subject (Adult Education), is not yet introduced in the school curriculum of the Higher Secondary School in Manipur. In the said impugned order, it has also been provided by the Government that to accommodate 25 recommended candidates, including the petitioner, who did not possess the Master Degree/Post Graduate in the subject which are not yet introduced at the school curriculum, the State cabinet has taken a decision it its meeting held on 29.09.2016 to reserve 25 posts of Lecturer out of the 185 newly created posts for considering their promotion after they acquired the necessary post graduate degree. [3] It has been submitted by the learned counsel appearing for the petitioner that subsequent to the filing of this writ petition, the petitioner has obtained another post graduate degree in (Education), from the Indira Gandhi National Open University in the year 2024 and that the petitioner is now qualified and eligible for her promotion to the Higher Post of Lecturer in the Government Higher Secondary School. The learned counsel further submitted that the present writ petition may be closed by giving liberty to the petitioner to approach the competent authority by 3 filing a detail representation enclosing therein the impugned order dated 16.04.2019 on the basis of which the petitioner can be claimed for her promotion along with a copy of the PG certificate obtained by her and other necessary documents for considering her case for promotion to the higher post of Lecturer in the Government Higher Secondary School. The learned counsel further prays that a direction may be issued to the authorities that in the event of filing such a representation by the petitioner to the competent authority of the Government, the authority shall consider and dispose of the representation by issuing a speaking order within a stipulated period. [4] Mr. Th. Vashum, learned GA appearing for the respondents as well as Mr. RK Deepak, learned senior counsel representing MPSC submitted that they have no objection in disposing of the present writ petition as prayed for by the learned counsel appearing for the petitioner. [5] Considering the submission advanced by the learned counsel appearing for the parties, this Court is of the considered view that it will be in the interests of justice to issue the following directions:- 4 (1) The petitioner is at liberty to file a representation to the competent authority of the State Government claiming for her promotion to the higher post of Lecturer in the Government Higher Secondary School pursuant to the recommendation made by the MPSC and as provided under the Government order dated 16.04.2019 issued by the Secretariat: Education (S) Department within a period of 1 week from today. (2) In the event of submitting such a representation by the petitioner within the stipulated period of 1 week, the concerned authority of the State Government is directed to consider the said representation on its own merit and to dispose of the same by issuing a speaking order. (3) The whole process should be completed within a period of 3 months from the date 5 of receipt of a copy of the said representation. [6] With the aforesaid directions, the present writ petition is disposed of. JUDGE Sapana