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2025 DAILYLAW 1339 (MAN)

SMT. S. DORCUS AND ANOTHER v. STATE OF MANIPUR AND 4 OTHERS

WP(C)/442/2022 · 2025-09-10

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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WP(C) No. 442 of 2022 Item No. 74 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 442 of 2022 Smt. S. Dorcus & Anr. …Petitioners - Versus - State of Manipur & 4 Ors. …Respondents B E F O R E HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA O R D E R 11-09-2025 [1] Present Dr. Solemwon Ramson, learned counsel for the petitioners and Mrs. Ch. Sundari, learned Government Advocate for respondent Nos. 1, 2, 4 & 5. [2] By the present writ petition, the petitioners approached this Court for complying the directions passed by this Court vide order dated 06-09- 2019 in WP(C) No. 406 of 2018. The relevant portion is reproduced as follows:— “During the course of hearing, it has been submitted by the learned counsel appearing for the petitioners that the instant writ petition can be disposed of in terms of the judgment and order dated 15-07-2016 passed by this Court in writ petition being WP(C) No. 240 of 2015 to which the learned counsel appearing for the respondents have no serious objection and accordingly, the instant writ petition stands disposed of with the direction that the respondents and in particular, the respondent Nos. 2 & 3 shall construct secured fencing wall, separate toilet for the boys and girls, library, kitchen for school mid-day meal and provide infrastructural facilities of playground, WP(C) No. 442 of 2022 newspaper, magazine, etc. to the Sirarakhong Primary School within a period of six months from the date of receipt of a copy of this order. Our country being a welfare State, to say that the State Government has no money, cannot be said to be the only answer and the State Government is duty bound to provide, at least, the basic needs of a school.” [3] Dr. Solemwon Ramson, learned counsel for the petitioners, submits that, as on today, the directions with regard to the development of playground, fencing and library for Sirarakhong Primary School are yet to be implemented. [4] Mrs. Ch. Sundari, learned Government Advocate for the State respondents, submits that in the earlier writ petition, i.e. WP(C) No. 406 of 2018, even though the Department of Education (S), Government of Manipur was also impleaded as a party, the directions were issued to respondent Nos. 2 & 3, namely the Department of Tribal Affairs & Hills, Government of Manipur and the Autonomous District Council, Ukhrul and as such the Education Department has no role in implementing the remaining portion of the directions issued by this Court in the earlier order. Learned Government Advocate for the State respondents further draws the attention of this Court to the counter affidavit of the Education Department stating that construction of playground, library and providing newspaper and magazine are not included within the facilities/infrastructure provided under SSA Scheme and the secured fencing is provided only to schools whose premises are adjacent to railway track or National Highway. However, separate toilets for boys and girls have already been constructed. In the counter affidavit of TA & Hills, Government of Manipur, it is stated that library WP(C) No. 442 of 2022 to Sirarakhong Primary School has to be provided by Autonomous District Council, Ukhrul and the facilities like mid-day meal kitchen and toilets for boys and girls have already been constructed. It is also stated that for the students of Class I to V, newspaper and magazine may not be essential items. [5] This Court is of the opinion that the writ petition can be disposed of by directing the Autonomous District Council, Ukhrul to provide the remaining directions, i.e. development of playground, fencing and library facilities to Sirarakhong Primary School in terms of the order dated 06-09- 2019 passed by this Court in WP(C) No. 406 of 2018, as far as practicable, preferably within a period of 6 months from the date of receipt of a copy of this order. [6] With this observation, the writ petition is disposed of. JUDGE Victoria NINGOMBA M VICTORIA Digitally signed by NINGOMBAM VICTORIA Date: 2025.09.12 14:57:26 +05'30'