HC dismisses
Source: The Sangai Express / Newmai News Network
Imphal, September 19 2014 :
In a ruling passed by a double bench of High Court of Manipur, a review petition against the order of the Court dated September 3, 2014 directing Manipur University to fill up seats for the academic year 2014-15 on the basis of the list prepared by the Registrar of the varsity was dismissed today.
The double bench comprising Chief Justice LK Mohapatra and Justice N KKotiswar Singh ruled, "If anyone disputes the correctness of the list for distribution of the seats, it would be opened to him to raise the issue before an appropriate forum.
We are, therefore, of the view that this review petition has no merit and accordingly we have dismissed the same" .
The review petition, for which hearing was held on September 17, was jointly filed in the High Court of Manipur by Salam Kenedy Singh of Thanga, Bishnupur district, Moirangthem Priyatama Devi of Kakching, Thoubal district and Takhellambam Monali Devi of Pallel, Thoubal district and the respondents are Manipur University Registrar, Vice-Chancellor, Union of India, represented by Secretary, Ministry of Human Resource Development (HRD), University Grant Commission, State of Manipur, advocate RS Livingstone, Dr John H Pulamte and advocate Siamzading Valte.
It was further submitted on behalf of the petitioners that the Registrar having no competency to prepare the list of distribution of seats in different disciplines to different categories of students, the order of the Court directing the varsity to fill up the seats for the academic year 2014-15 on the basis of the list needs to be reviewed.
N Ibotombi Singh, counsel appearing for the petitioners sought review of the said order on the ground that the list prepared by the MU Registrar and intimated to the Secretary to the Governor of Manipur on July 23, 2014 was beyond the competence of the Registrar.
BP Sahu, counsel appearing for the varsity has raised three objections and one of the objections was that the review petitioners were not part of the 'writ petition' and without obtaining the leave of the Manipur High Court to file the review, they could not have filed the review petition.
A PIL had been filed by advocate RS Livingstone of Luwangsangbam, Imphal East, Dr John H Pulamte of Rengkal, Churachandpur district and advocate Siamzading Valte of Hiyangtam Lamka, Churachandpur in the Manipur High Court on the ground that though the Central Education Institutions (Reservation in Admission) Amendment Act, 2012 came into force with effect from June 19, 2012, the same was not implemented by Manipur University and the decision of the institution to implement the Act from the academic year 2015-16 was the subject matter of challenge.
The bench said question as to whether the Registrar of the varsity was competent to prepare the list indicating distribution of seats in different disciplines for different categories of students was 'never raised' in the writ petition.
The bench further said that the law is well settled that a question which was never raised in the course of hearing of the said writ petition cannot be raised in the review petition.
In the order itself, this Court had directed the varsity to admit the students in terms of the said Act as per distribution of seats prepared by the Registrar for the academic year 2014-15, it said, adding if the list has been endorsed by the Academic Council, there is no difficulty in acting upon the said list.
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