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2025 DAILYLAW 199 (MAN)

Union of India and 3 ors v. Khangjrakpam Netrajit Singh and 31 ors

MC(WA)/82/2025 · 2026-04-27

Ahanthem Bimol Singh

Writ Petition (Civil)body2025

Judgment text

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P a g e 1 | 6 Item No. 2 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WA) No. 82 of 2025 1. Union of India represented by the Secretary, Ministry of Defence, Government of India, South Block, Central Secretariat, New Delhi, Delhi (NCT), 110001. 2. The Secretary, Ministry of Personnel & Public Grievances and Pension, Government of India, North Block, New Delhi-110001. 3. The Secretary, Ministry of Defence, Government of India, South Block, New Delhi – 110001. 4. The Director Recruiting, Army Recruitment Office, Rangapahar, Dimapur, Nagaland – 785001. … Appellants - Versus - Khangjrakpam Netrajit Singh aged about 21 years, S/o Khangjrakpam Ibomcha Singh, a resident of Lamsang Mayai Leikai, P.O. & P.S. Lamsang, Imphal West District, Manipur – 795146 & 31 Ors. … Respondents B E F O R E HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR HON’BLE MR. JUSTICE A. BIMOL SINGH For the applicants : Mr. Kh. Samarjit, DSGI instructed by Mr. N. Nongdamba, Advocate For the respondents : Mr. Ng. Jotindra, Advocate instructed by Ms. Geetarani Waikhom, Advocate Date of hearing & order : 28.04.2026 KHOIROM BIPINCHAN DRA SINGH Digitally signed by KHOIROM BIPINCHANDRA SINGH Date: 2026.04.29 10:36:14 +05'30' P a g e 2 | 6 O R D E R [M. Sundar, CJ] [1] This order will now dispose of captioned ‘miscellaneous case’ (‘MC’ for the sake of convenience). [2] When the captioned MC was listed along with main writ appeal, following proceedings was made on 26.03.2026: ‘26.03.2026 [1] Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 19.02.2026 which reads as follows: ‘[1] Captioned main Writ Appeal (WA) is an intra-court appeal and it is directed against an order dated 20.01.2025 made by a Hon’ble Single Judge in WP(C)No. 167 of 2023 along with MC(WP(C))No. 180 of 2023 thereat (‘impugned order’ for the sake of convenience). [2] Mr. N. Nongdamba, learned counsel led by senior counsel and Deputy Solicitor General of India (DSGI) is before us on behalf of appellants (to be noted, the four appellants shall be collectively referred to as ‘State’ for the sake of convenience). There were 29 (twenty nine) writ petitioners before the Hon’ble Single Bench qua the impugned order, they have been arrayed as R1 to R29 in captioned WA and miscellaneous case (MC) thereat. Private respondents R5 to R7 before the Hon’ble Single Bench have been arrayed as R30 to R32 respectively in the captioned WA and MC thereat. [3] As regards the respondents, Mr. Ng. Jotindra Luwang, learned counsel and Ms. Geetarani Waikhom, learned counsel have lodged caveat on behalf of R1 to R8, R10 to R16, R18 to R21, R23 to R25 and R27 to R29 (25 caveators in all). To be noted, Mr. Ng. Jotindra Luwang, learned counsel is before us on the Video Conferencing (VC) platform and Ms. Geetarani Waikhom, learned counsel is before us in the physical Court. [4] As regards the main WA, the subject matter is Army recruitment under Agnipath Scheme for which selection P a g e 3 | 6 process was conducted from 23.11.2022 to 05.12.2022 in all districts in the State of Manipur. Unsuccessful aspirants (29 in number) filed afore-referred writ petition being WP(C) No.167 of 2023 inter-alia seeking a direction for their appointment. After full contest, a Hon’ble Single Bench in and vide impugned order directed State to appoint some of the writ petitioners and directed completion of ‘whole process’ of examination with regard to some other writ petitioners within a period of 2(two) months. Aggrieved, State is on appeal. Learned senior advocate and DSGI, adverting to the impugned order submitted that the impugned order proceeds on the basis that assumption of writ petitioners that all National Cadet Corps (NCC) certificate holders are assured of selection in Indian Army but such assumption of writ petitioners is incorrect. It was also pointed out that recruitment system in Army is very different from recruitment qua civilians particularly regarding requirement shortfalls of the forces formations etc., and this has been overlooked in the impugned order is the further say of learned DSGI. [5] Issue notice to respondents. [6] Mr. Ng. Jotindra Luwang, learned counsel on the VC platform and Ms. Geetarani Waikhom, learned counsel in the physical Court accept notice for R1 to R8, R10 to R16, R18 to R21, R23 to R25 and R27 to R29. [7] As regards R9, R17, R22, R26, R30, R31 and R32 notice returnable by 26.03.2026. Dasti notice permitted. [8] As regards interim order that has been sought for in captioned miscellaneous case (MC), we heard the learned counsel for the caveators. Learned counsel for caveators very fairly submitted that a contempt case in Cont.Cas(C)No. 139 of 2025 has been filed for noncompliance qua impugned order, the same is pending but the contempt case petitioners will not pursue the contempt case for the present and await the outcome in the main WA. This submission is recorded as an undertaking given to this Court by caveators. In view of this fair submission/undertaking of learned counsel for caveators, recording of this stated position of learned counsel for caveators will suffice qua interim order. [9] List under the cause list caption ‘NOTICE REGARDING ADMISSION’ on 26.03.2026.’ P a g e 4 | 6 [2] In the hearing today, Mr. N. Nongdamba, learned State counsel for appellants led by Mr. Kh. Samarjit, learned senior advocate and Deputy Solicitor General of India (DSGI) is before us in the physical Court. [3] Learned DSGI draws our attention to paragraphs 6 & 7 of earlier proceedings dated 19.02.2026. [4] As regards respondent Nos. 1 to 8, 10 to 16, 18 to 21, 23 to 25 and 27 to 29, Mr. Ng. Jotindra Luwang, learned counsel is before us on the Video Conferencing (VC) platform and his colleague Ms. W. Geetarani, learned counsel is before us in the physical Court. [5] As regards paragraph 7, Mr. N. Nongdamba, learned State counsel for appellants made an endorsement giving up Respondent Nos. 30,31 & 32 and a scanned reproduction of this endorsement made by learned counsel on record for appellants in the case file in this regard is as follows: [6] As regards respondent Nos. 9, 17, 22 & 26, learned counsel on record for appellants submits that he could not take steps for service owing to certain difficulties, expresses regret for the same and requests for fresh notice to be ordered. [7] Fresh notice to respondent Nos. 9,17,22 & 26, returnable by 28.04.2026. Dasti notice permitted. [8] List on 28.04.2026.’ P a g e 5 | 6 [3] To be noted, afore-referred 26.03.2026 proceedings captures proceedings made in the listing on 19.02.2026 and paragraph No. 8 thereat is of relevance. [4] In the hearing today, Mr. Kh. Samarjit, learned DGSI (Deputy Solicitor General of India) instructed by Mr. Nongdamba, learned counsel for applicants is before this Court (Physical Court). [5] As regards respondents, Ms. Geetarani Waikhom, learned counsel is before this Court (Physical Court) and her senior Mr. Ng. Jotindra, learned counsel is before this Court on the Video Conferencing (VC) platform. [6] Mr. Kh. Samarjit, learned DSGI brought to the notice of this Court that when the contempt petition was listed before Hon’ble Single Bench concerned on 09.03.2026, pursuant to aforementioned 19.02.2026 proceedings, proceedings was made stating that the contempt case will be listed after disposal of writ appeal. A copy of 09.03.2026 proceedings is placed before us and the same reads as follows: ’09.03.2026 [1] Mr. NG. Jotindra, learned counsel for the petitioners, submits that writ appeal against the order passed by this Court in WP(C) No. 167 of 2025 is pending before the Division Bench as WA No. 42 of 2025 and contempt case may be listed after the disposal of the writ appeal. [2] Accordingly, list this case after the disposal of WA No. 42 of 2025.’ P a g e 6 | 6 [7] In the light of the narrative thus far, both sides agreed that closure can be given to the captioned MC application. [8] Ergo, sequitur is, captioned MC application is disposed of/closed recording the stated position of the parties and taking note of the order made by Hon’ble Single Bench on 09.03.2026. There shall be no order as to costs. JUDGE CHIEF JUSTICE Bipin