MC(WP(C)) No. 195 of 2026 Page 1 Item No. 52 IN THE HIGH COURT OF MANIPUR AT IMPHAL MC(WP(C)) No. 195 of 2026 Ref. WP(C) No. 102 of 2026 Kh. Molina, aged about 43 years, W/o Irom Satyabanta Singh of Kwakeithel Moirang Purel Leikai, P.O. Imphal, P.S. Singjamei, Imphal West District, Manipur-795001 & 14 Ors. …Applicant/s -Versus- 1. The Union of India, through the Secretary, Ministry of Health & Family Welfare, Government of India, Nirman Bhawan, New Delhi-110001. 2. The Regional Institute of Medical Sciences (RIMS), Imphal, through its Director (RIMS), P.O & P.S. Lamphel, Imphal West District, Manipur – 795004. …Respondent/s -B E F O R E- HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH For the Applicants :: Mr. N. Ibotombi, Sr. Advocate Mr. Th. Ningtamba, Advocate For the Respondents :: Mr. Kh. Samarjit, DSGI Mr. N. Nongdamba, Advocate Dates of hearing :: 06-05-2026 Date of Order :: 06-05-2026 O R D E R ( O R A L) Heard Mr. N. Ibotombi, learned senior counsel assisted by Mr. Th. Ningtamba, learned counsel appearing on behalf of the applicants/writ petitioners. Heard also Mr. Kh. LAISHRA M DHAKESH ORI DEVI Digitally signed by LAISHRAM DHAKESHORI DEVI Date: 2026.05.07 11:05:26 +05'30' MC(WP(C)) No. 195 of 2026 Page 2 Samajit, learned DSGI assisted by Mr. Nongdamba, learned counsel appearing on behalf of the respondents. [2] This proceeding is to be read with and in continuation of the earlier proceeding dated 24-04-2026, which are reproduced herein below :- “[1] Mr. N. Ibotombi, learned Sr. counsel assisted by Mr. Ningtamba, learned counsel appeared on behalf of the petitioners. “[2] Misc. application MC(WP(C)) No. 195 of 2026 was filed by the applicants on 10.03.2026 with a prayer for directing the respondents not to fill up 15 vacant post of Nursing Officers which are now lying vacant in RIMS, Imphal till the disposal of the connected writ petition. ”[3] It has been pointed out by the learned Sr. counsel appearing for the applicants that notice was issued on 06.04.2026 and the learned Deputy Solicitor General of India was given adequate opportunities to get instruction with regard to the prayer for passing interim order. “[4] It has also been submitted by the learned Sr. counsel that the applicants (15 in numbers) file the connected writ petition MC(WP(C)) No. 195 of 2026 Page 2 with a prayer for directing the respondents to regularized their contractual service in RIMS as nursing officers. It has also been submitted by the learned Sr. counsel that the petitioners have come to know from the letter dated 03.03.2026 addressed to Shri one Saikhom MC(WP(C)) No. 195 of 2026 Page 3 Premchand Singh from the CPIO and Deputy Director (Admn.) Rims in connection with an RTI application filed by the said Shri. Saikhom Premchand Singh disclosing that there are at least 18 vacancies of nursing officers available in RIMS. “[5] The learned Sr. counsel for the applicants further submitted that unless an interim order is passed restraining the respondents from filling up the said 18 vacancies or at least 15 vacancies out of the said 18 available vacancies during the pendency of this writ petition, the relief sought for by the petitioners for regularization of their contractual service as nursing officer in RIMS will be rendered futile in case the said vacancies is filled up by the authorities. “[6] The learned Sr. counsel accordingly prays for passing an interim order restraining the respondent from filling up at least 15 vacancies of nursing officers out of the 18 vacancies presently available at RIMS during the pendency of the connected writ petition so as to protect the interest of the present applicants/petitioners. MC(WP(C)) No. 195 of 2026 Page 3 “[7] Mr. Kh. Samarjit, learned Sr. counsel and DSGI assisted by Mr. Nongdamba, learned counsel appearing for the respondents submitted that he may be given at least a few days’ time to get instruction with the regard to the said vacancies and the prayer for passing an interim order be consider on the next date. As prayed for by the learned DSGI, list these cases again on MC(WP(C)) No. 195 of 2026 Page 4 29.04.2026 for consideration of the prayer for passing interim order. “[8] It is made clear that in the event if the respondents fail to give any instructions, the prayer for passing interim order will be consider on the basis of the material available on record.” [3] When this matter is taken up, learned DSGI submitted that he has received instruction that as on date, there are 8(eight) vacant posts of Nursing Officer in RIMS, however, as regards the contention made by the applicants with regard to availability of another 10(ten) vacant posts of Nursing Officer in RIMS is concerned, it has been submitted by the learned DSGI that the said 10(ten) vacancies are only anticipated vacancies, which are yet to occurred. It has been clarified by the learned DSGI that the said ten vacancies will occur only after the officers who are serving as Nursing Officer are given promotion to the higher post of Senior Nursing Officer, which is yet to be finalized. The learned DSGI, further submitted that as on today, only eight clear vacancies are available in RIMS and the contention made by the applicants that 18(eighteen) vacancies are available is factually incorrect. [4] The learned DSGI submitted that as the authorities have not yet initiated any steps or proceedings for filling up the MC(WP(C)) No. 195 of 2026 Page 5 said eight vacant posts or any other anticipated vacancies of Nursing Officer, there is no requirement for passing any interim order at this stage. [5] Mr. N. Ibotombi, learned senior counsel appearing for the applicants submitted that unless an interim order is passed restraining the authorities from filling up the available vacant post of Nursing Officer during the pendency of this writ petition, and in the event the authorities fill up the same, the writ petition filed by the petitioners will be rendered futile. The learned senior counsel, accordingly, prays for passing interim order restraining the authorities from filling up the available vacant post of Nursing Officer. [6] After hearing the rival submission advanced by the learned counsel appearing for the parties and after careful consideration of the materials available on record, this Court is of the considered view that it will be in the interest of justice to direct the respondents not to fill up the above mentioned eight vacant post of Nursing Officer presently available at RIMS and also the other 10(ten) anticipated vacancies of Nursing Officers without leave of this Court. [7] Ordered accordingly. MC(WP(C)) No. 195 of 2026 Page 6 [8] It goes without saying that the authorities are at liberty to approach this Court for modification or vacation of this order as and when the need arises. [9] With the aforesaid directions, the present application is disposed of. JUDGE Dhakeshori