1994 Supreme(Gau) 226
GAUHATI HIGH COURT
V.K.Khanna, D.N.Baruah, B.N.Singh Neelam, JJ.
Hemkholam Khongsi -Appellant
Versus
State of Manipur and Ors. -Respondent
Misc Case No. 1125 of 1994 in Civil Rule No. 320 of 1990 (Gauhati)/295 of 1987
Decided On : 15-12-1994
M.Z.Ahnied lor
THE COURT WILL NOT REMOVE A CHAIRMAN OF AN EXPERT COMMITTEE MERELY BECAUSE OF ALLEGATIONS OF BIAS WITHOUT SPECIFIC EVIDENCE.
Headnote:
REMOVAL OF CHAIRMAN - EXPERT COMMITTEE - CONSTITUTION OF - ACT-SECTION REFERRED : NIL - THIS APPLICATION HAS BEEN FILED FOR REMOVAL OF THE CHAIRMAN APPOINTED BY THE GOVERNMENT OF MANIPUR IN PURSUANCE OF THE DIRECTIONS GIVEN BY A FULL BENCH OF THIS COURT BY JUDGMENT AND ORDER DATED 6.1.93 IN CIVIL RULE NO. 320 OF OF 1990 (GAUHATI)/295 OF 1987 (IMPHAL).
Fact of the Case:
THE PETITIONERS REPRESENTING THE KUKI TRIBE SERIOUSLY PREJUDICED, CHALLENGED THE SAID ORDERS IN THE AFORESAID CIVIL RULE. ACCORDING TO THEM, THEIR TRIBE WAS KUKI TRIBE AND THADOU WAS ONLY A SUB-TRIBE OR CLAN OF KUKI TRIBE. IN OTHERWORDS, THEY WERE AGGRIEVED BY THE ORDERS WHICH EQUATED THE SUB-TRIBE OR CLAN WITH THE TRIBE.
Finding of the Court:
THERE IS NO SPECIFIC AVERMENTS TO INDICATE THAT SRI SREE KISHAN IS BIASED IN FAVOUR OF THADOU AND AGAINST THE PETITIONER'S COMMUNITY. MERELY BECAUSE HE HAD WRITTEN A BOOK IN RESPECT OF THADOU COMMUNITY WILL NOT NECESSARILY LEAD TO THE CONCLUSION THAT HE WOULD GIVE A BIAS VIEW IN THE RECOMMENDATION. SRI SREE KISHAN IS A RENOWNED TEACHER IN THE DEPARTMENT OF LINGUISTICS IN DELHI UNIVERSITY, HE WAS NOMINATED BY THE ANTHROPOLOGICAL SURVEY OF INDIA. SRI SREE KISHAN BEING A REPUTED TEACHER IT WILL NOT BE PROPER TO HOLD THAT HE WILL EXPRESS BIAS VIEW IN HIS RECOMMENDATION.
Issues: WHETHER THE CHAIRMAN OF THE EXPERT COMMITTEE CONSTITUTED BY THE GOVERNMENT OF MANIPUR PURSUANT TO THE ORDER TO THIS COURT SHOULD BE REPLACED BY AN UNBIASED EXPERT.
Ratio Decidendi: THE COURT HELD THAT THERE IS NO VALID GROUND FOR REMOVAL OF THE CHAIRMAN ON THE BASIS OF THE AVERMENTS MADE IN THE PETITION. HOWEVER, IT IS OPEN TO THE PETITIONER TO APPROACH THE STATE GOVERNMENT FOR THIS PURPOSE AND IN THAT CASE GOVERNMENT MAY CONSIDER TO DISPEL THE DOUBTS OF THE KUKI COMMUNITY.
Final Decision: THE PETITION WAS DISMISSED.
This application has been filed for removal of the Chairman appointed by the Government of Manipur in pursuance of the directions given by a Full Bench of this Court by judgment and order dated 6.1.93 in Civil Rule No. 320 of of 1990 (Gauhati)/295 of 1987 (Imphal).
2. By order dated 13.10.72 the Government of Manipur constituted panels for recommendation of text books for certain tribal dialects. Thereafter, a Text Book Committee for Kuki dialect was also constituted. Text books had been prepared on the recommendation of the Committee and was put to use. By yet another order dated 22.3.77, the Education Secretary, Government of Manipur directed that the medium of instruction in primary schools having 90% of pupils on its rolls belonging to any one of the five tribes, namely, (1) Tangkhul, (2) Lushai,(3) Paite, (4) Hmarand (5) Thadou/Kuki shall be in those languages. This order was modified by order dated 3.11.81, deleting the word 'Thadou' and retaining the word 'Kuki' only in place of 'Kuki/Thadou'. By another order dated 6.5.87, Government recognised the Thadou dialect'as Thadou Kuki dialect' and directed that this would apply for all purposes including any official correspondence and recognition of text books in all the educational institutions. By a subsequent order the Government reiterated its direction given earlier replacing the words used in those orders by the words Thadou/Kuki'. Two members of an Association known as Kuki Literature Society at Imphal approached this Court by filing a writ application (Civil Rule No.295 of 1987 (Imphal), renumbered as Civil Rule 320 of 1990 (Gauhati).
3. The petitioners representing the Kuki tribe seriously prejudiced, challenged the said orders in the aforesaid Civil Rule. According to them, their tribe was Kuki tribe and Thadou was only a sub-tribe or clan of Kuki tribe. In otherwords, they were aggrieved by the orders which equated the sub-tribe or clan with the tribe. The Civil Rule was heard and disposed of by a Full Bench by order dated 6.11.93. The said Full Bench disposed of the Civil Rule giving certain directions.
4. One of the writ petitioners, namely, Hemkholam Khongsi, has filed this application praying for an order to remove the Chairman of the Expert Committee constituted as per direction of this Court in the aforesaid Civil Rule. In this application, the petitioner states, inter alia, that by orders dated 6.5.87 and 12.5.87 the Government recognised the Thadou Dialect' as Thadou Kuki dialect with immediate effect and directed the same apply for all purposes including any official correspondence and recognition of text books in all the educational institutions as the need arises from time to time.
5. A Full Bench of this Court as mentioned above directed the Government of Manipur to constitute a Committee of Experts to go into the controversy involved at the earliest and the Committee so constituted was directed to submit a report within 6 months of its constitution and thereafter the Government was to take a final decision in the matter within 3 months of the receipt of the said report of the expert body. In the meantime, this Court also directed to maintain status quo as on 6.1.93. The Expert Committee was ultimately constituted though there was delay and meanwhile the petitioner had filed an application before this Court praying for hearing of the entire matter. The petitioners' said application was yet to be disposed of.
6. After the constitution of the Expert Committee, the petitioner and other members and the supporters of Kuki Literature Society, Manipur participated in the deliberations with the Expert Committee and also the supporters of Thadou Kukis. In pursuance of the directions of this Court made in the Aforesaid Civil Rule Sri Sree Kishan, Department of Linguistics, University of Delhi, was appointed. He was nominated by Anthropological Survey of India. During the meetings the petitioner submits that the attitude of the said Chairman Sri Sree K