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M. V. MURALIDARAN
Governing Body, Mayai Lambi College – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioners seeking to quash the impugned order dated 20.10.2018 passed by the first respondent and to direct the respondents to allow the petitioners' function till the handing over and taking over of Mayai Lambi College, Yumnam Huridrom and Thambal Marik College, Oinam are completed.
2. The case of the petitioners is that they are the Governing Bodies of two Colleges, namely, Mayai Lambi Collge, Yumnam Huridrom and Thambal Marik College, Oinam, which have been taken over and converted into full-fledged Government Colleges under the Department of Higher Education, Government of Manipur vide order dated 28.6.2018. Pursuant to the said Colleges being converted into Government Colleges, the petitioners stood abolished. Aggrieved by the order dated 28.6.2018, the petitioners have filed W.P.(C) No.608 of 2018 and by the order dated 16.7.2018, the said writ petition was disposed of by granting liberty to the petitioners to submit a representation to the State Government.
3. In compliance with the order, the petitioners have submitted a representation on 25.7.2018 to the Commissioner (Hr. & Tech. Education) requesting to allow them to fun
The duty of the State Government to consider fundamental issues in the conversion of colleges into full-fledged Government Colleges and the violation of Article 14 of the Constitution of India.
The court emphasized the necessity of a reasoned order and compliance with statutory requirements for the takeover of educational institution management, ruling the Government's action as unlawful.
The authority to dissolve the Governing Body and restore grant-in-aid under the Manipur Education Code, 1982, and the petitioners' locus standi to question the impugned orders.
The Transfer of Management Act 1971 requires strict adherence to procedural safeguards, including the right to a fair hearing, before any drastic action such as transferring management can be taken a....
The administrative body of a college retains control over its management absent clear legal violations, upholding prior statutory decisions and institutional independence.
Educational Institution - There is no specific Act, Rule or statutory backing for passing provincialisation order as it could have been issued in an exceptional circumstance but following norms. Peti....
Management transfers and closures of educational institutions are governed by different statutory provisions; minority status institutions are entitled to protections that prevent unwarranted state i....
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