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2025 DAILYLAW 539 (MAN)

Athokpam Herojit Singh v. Vice Chancellor, Central Agricultural University and 2 Others

WP(C)/76/2025 · 2025-08-25

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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Page | 1 Sl. 42 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C)No.76 of 2025 Athokpam Herojit Singh Petitioner Vs. Vice Chancellor, Central Agricultural University & 2 Ors Respondents BEFORE HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA (ORDER) (K. SOMASHEKAR, C.J.) 26.08.2025 [1] This writ petition has been initiated by the petitioner against the respondents urging various grounds whereby seeking to issue rule nisi calling upon the respondents to show cause as to why prayer sought for by the petitioner shall not be granted in the facts and circumstances of the present case. It is further seeking to issue a writ in the nature of certiorari to quash the order dated 24.01.2025 of the Central Administrative Tribunal, Guwahati passed in Original Application No.042/00213/2024 and Misc. Application No. 042/00107/2024 vide annexure A/17. [2] The learned senior counsel, Mr. S. Biswajit Meitei for the petitioner and the learned senior counsel, Mr. BP Sahu for respondent No.1 & 2 inclusive of Mr. M. Devananda, learned senior counsel for respondent No.3 are present before the court physically. JOHN TELEN KOM Digitally signed by JOHN TELEN KOM Date: 2025.08.28 12:32:10 +05'30' Page | 2 [3] Perused the order rendered by the Central Administrative Tribunal, Guwahati (CAT) dated 24.01.2025 which is stated supra in detail. [4] Whereas, the learned senior counsel for the petitioner has facilitated various documents vide annexures as A/1, A/2, A/3,A/4, A/5,A/6, A/7, A/8, A/9,A/10, A/11, A/12, A/13,A/14,A/15, A/15(A),A/15(B),A/16 & A/17. These are all the annexures documents which have been facilitated by the learned senior counsel, S. Biswajit Meitei for the petitioner for intervention in respect of the order rendered by the CAT, Guwahati dated 24.01.2025. However, keeping in view the submission made by the learned senior counsel, Mr. S. Biswajit Metei for the petitioner and inclusive of the learned senior counsel, Mr. BP Sahu for respondent Nos. 1 & 2 and inclusive of the learned senior counsel, Mr. M. Devananda for respondent No.3 but it is relevant to refer the issue in between the petitioner and the respondents relating to the re-employment order dated 31.07.2024 in respect of the private respondent No.3 is against the Act and statues of Central Agricultural University (CAU) and it also against the Model Guidelines for Re-employment of Superannuated Teachers issued by the UGC, this contention has been taken in detail in para 18 of this writ petition. [5] However, in para 19 of this writ petition, contention has been taken by the petitioner that even if so called re-employment is allowed, the Private respondent No.3 should not be given any financial and administrative responsibilities of the College of Agriculture, CAU as per the UGC guidelines dated 15.02.2008. Various grounds have been taken by the learned senior counsel for the petitioner in this matter. Whereas UGC guidelines provides Page | 3 for re-employment of superannuated teachers. Under Section 27 of the CAU Act gives power to make ordinance and Ordinance 19(iii) provides that – “19(iii) in special cases, a teacher on his/her attaining the age of superannuation, may be re-employed on a contract in keeping with the Regulations made by the University in this behalf or as issued by the UGC/Government of India from time to time”. [6] Whereas, the learned senior counsel for the petitioner, Mr. S. Biswajit in this matter has taken us through various grounds which have been taken for consideration for intervention of the order rendered by the CAT, Guwahati dated 24.1.2025. [7] Whereas, the learned senior counsel, Mr. BP Sahu for respondent Nos. 1 & 2 and learned senior counsel, Mr. M. Devananda for respondent No.3. However, the said senior counsel, Mr. M. Devananda for respondent No.3 in this matter has taken us relating to the maintainability of this writ petition. Even though writ petition has been initiated by the petitioner whereby challenging the order dated 24.01.2025 passed by the CAT, Guwahati in Original Application No.042/00213/2024 and Misc. Application No. 042/00107/2024. [8] In the meanwhile for recording the submission made by the learned counsel for the petitioner, Mr. S. Biswajit and equally the submission made by the aforesaid senior counsel on the part of the respondent Nos. 1 to 3 but in the presence of the Vice-Chancellor, CAU namely, Mr. Anupam Mishra who is present in person in pursuance of the direction issued by this Court in this matter and therefore, it is deemed appropriate to state that the Page | 4 learned senior counsel for the petitioner in this matter even though stoutly submitting for consideration of the grounds which have been urged in this writ petition and also further submitting that there shall be some viruses relating to the Rules and Guidelines but in the meanwhile, the aforesaid senior counsel for the petitioner in this writ petition submitting that this writ petition has to be disposed of by giving a timeline for consideration of the observation made by the CAT, Guwahati dated 24.01.2025 in respect of the para No.14 of the CAT’s order and wherein the observation made by the CAT that the course of action shall be completed within a period of 6(six) months from the date of pronouncement of that order. [9] However, keeping in view the observations made by the CAT dated 24.01.2025 are concerned, it is deemed appropriate that and even though that the scope of maintainability of this writ petition but it is not proper to dispose of the writ petition on merits. However, keeping in view the submission made by the learned senior counsel for the petitioner, it is deemed appropriate that the writ petition is hereby disposed of and wherein, the Vice-Chancellor of the CAU who is present before the court physically be directed to complete the appointment of regular Dean in pursuance of the observations made by the CAT, Guwahati dated 24.01.2025 within a period of 2(two) months from the date of receipt of a copy of this order. However, in a given peculiar facts and circumstances of the case are concerned, it is deemed appropriate that the Vice-Chancellor, who is present before the court physically in pursuance of the order passed by this Court in the aforesaid matters, be directed to complete the course of action in pursuance Page | 5 of the observations made by the CAT dated 24.01.2025 on or before 31.10.2025 and if not, the matter will be view seriously. However, the order dated 14.08.2025 issued by the Central Agricultural University, Manipur(CAU) giving the charge of Dean, College of Agriculture, Iroisemba, Imphal to Dr. N. Brajendra Singh, Professor(GPB), COA, Iroisemba, Imphal shall continue till 31.10.2025 or till the appointment of the regular Dean if appointed earlier. [10] In the meanwhile of completion of the dictation, it is based upon the submission of the learned senior counsel for the petitioner and inclusive of the learned senior counsel for respondent Nos. 1 to 3 and wherein the senior counsel, Mr. BP Sahu for respondent Nos. 1 & 2 has produced an office order dated 14.08.2025 and the same has been taken on record and even though the said order has been taken on record, it cannot come in a way of the para 14 of the CAT, Guwahati order dated 24.01.2025. [11] However, in pursuance of the order passed by this Court in this matter, Mr. Anupam Mishra, Vice Chancellor CAU, Manipur is present before the court physically and his presence is hereby dispensed with. JUDGE CHIEF JUSTICE John Kom