IMPORTANT POINT
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.

JUDGMENT

1. Heard Mr. Kh. Tarunkumar, learned counsel for the petitioners in WP(C) No. 968 of 2021 and WP(C) No. 569 of 2022; Mr. Lenin Hijam, learned Advocate General for the official respondents; Mr. M. Hemchandra, learned senior counsel assisted by Mr. Juno Rahman, learned counsel for the private respondents No. 5-6 in WP(C) No. 968 of 2021 and for the private respondents No. 5 in WP(C) No. 569 of 2022; Dr. RK Deepak, learned counsel for the respondents No. 3 and 4 in WP(C) No. 968 of 2021 and Mr. Amarjeet Naorem, learned counsel for the respondent No. 4 in WP(C) No. 569 of 2022.

2. W.P. (C) No.968 of 2021 has been filed to quash para Nos.5 and 6 of the impugned order dated 29.9.2021 regarding dissolution of the Governing Body of Naorem Birahari College, Khundrakpam and not providing of opportunity to the Governing Body and also para No.2 of the order dated 27.11.2021, more particularly, regarding the issuance of separate order for constitution of fresh Governing Body as illegal and violative of the principles of natural justice and also quash the subsequent orders dated 29.11.2021 and 18.12.2021.

3. W.P. (C) No.569 of 2022 has been filed to quash the impugned order dated 18.7.2022, including the letter dated 5.7.2022, as the same is not sustainable in the eye of law.

4. Since the issue involved in these writ petitions is one and the same, both the petitions were heard together and disposed of by this common order.

5. For the sake of convenience, the parties are referred to as per their array in W.P.(C) No.968 of 2021.

6. The case of the petitioners in W.P.(C) No.968 of 2021 is that they were the duly appointed as Chairman and Secretary of the Naorem Birahari College, a Government Aided College and the term of the Governing Body is not yet expired and when the grant-in-aid position is restored by an order dated 27.11.2021 thereby withdrawing the suspension order dated 29.9.2021, the status of the Governing Body should also be restored and the same cannot be superseded by the order dated 29.11.2021 as the same is violative of principles of natural justice as the term of the Governing Body is three years as per subsection 10(vii) of Section IV of the Manipur Education Code. Therefore, the impugned order dated 29.9.2021 particularly paragraph Nos.5 and 6 along with the subsequent orders dated 29.11.2021 and 18.12.2021 are liable to the set aside.

7. Further case of the petitioners is that the Governing Body was dissolved by the order of the Deputy Secretary (Hr. & Tech. Edn.) who is not competent to issue such order and while the challenge to the said order is pending before this Court in W.P.(C) No.968 of 2021, on 18.7.2022, the Director of University & Higher Education issued an order whereby the caretaker was further extended for another period of three months with effect from 5.7.2022. Challenging the same, W.P. (C) No.569 of 2022 has been filed.

8. Assailing the impugned orders dated 29.9.2021, 27.11.2021, 29.11.2021 and 18.12.2021, the learned counsel for the petitioners submitted that the petitioners are the Chairman and Secretary of the Governing Body of the Naorem Birahari College which is a Government Aided College and that on 2.3.2021, the Governing Body of the above said College was duly constituted for a term of 3 years by the Director, University and Higher Education. While the said Governing Body is discharging its duty to the full satisfaction of the College teachers and student community, without affording an opportunity of hearing, the Deputy Secretary (Higher and Technical Education) had issued the impugned order dated 29.9.2021 dissolving the Governing Body. In that order, liberty was given to the Governing Body to submit a representation within a period of 15 days.

9. The learned counsel further submitted that pursuant to the liberty given, the second petitioner submitted a representation on 11.10.2021 to the Commissioner (Higher and Technical Education) requesting to withdraw/revoke the order dated 29.9.2021. Sinc