HC quashes appointment of Kumbi College principal
Source: Chronicle News Service

Imphal, August 01 2025: High Court of Manipur has struck down the appointment of L Gopal Singh as principal of Kumbi College, ruling that the process violated statutory provisions under the Manipur Education Code, 1982 and the Manipur Societies Registration Act, 1989.Delivering the judgment in WP(C) No 112 of 2025, Justice A Guneshwar Sharma held that the appointment order issued on February 3 by secretary of the college's governing body was unsustainable in law.

The Court found that the order was made without following mandatory procedures, lacked the approval of competent authorities and ignored binding statutory requirements.

The case was placed before the Court by chairman of Kumbi College, Moirangthem Mangi Singh, who challenged the appointment of Gopal on several grounds.

He argued that the governing body meeting on January 30, which purportedly approved the appointment, was invalid as it did not meet quorum and the proceedings remained unsigned.

The petitioner further contended that the appointment was carried out in violation of the college's internal resolutions as well as the'state's education code.

In its ruling, the Court first examined whether the petitioner had the legal standing to file the writ.

It concluded that he did, pointing out that with the enactment of the Manipur Societies Registration Act, 1989, any provision in the college's constitution that conflicted with the Act stood void.

Section 19 of the Act allows the president, secretary or any authorised office-bearer of a registered society to sue or be sued on behalf of the body.

The Court therefore struck down Article 26 of the college's bylaws, which had restricted this power only to the secretary.

Rejecting the respondents' claim that the college's special bylaws could override the general provisions of law, the Court stated that by-laws cannot supersede express statutory provisions.

Justice Guneshwar went on to outline the irregularities in the appointment process.

He noted that under Rule 4(A) (ii) of the Manipur Aided College Employees (Service) Rules, 1974, a principal must be chosen by a duly constituted selection committee that includes representatives from the Manipur Public Service Commission, the directorate of education and the affiliating university.

No such committee was formed in this case.

He further found that the appointment lacked the mandatory approval of the director of university and higher education, as required under Rule 4(v).The Court also pointed out that Gopal was ineligible for the post because he had already crossed the retirement age of 65 on February 6, three days after his appointment.

As per norms, principals of government-aided colleges cannot be appointed after the age of 62.In addition.

the appointment exceeded the maximum period allowed for temporary appointments.

Rule 5 of the 1974 service rules permits temporary appointments for only three months, but the order in question had appointed Gopal for six months without necessary approval.

The Court ruled that the governing body's emergency meeting on January 30, which was said to have cleared the appointment, was procedurally flawed.

It was chaired by the petitioner himself but left unsigned and lacked quorum, making its proceedings unreliable.

Quashing the February 3 appointment order, the Court directed the governing body of Kumbi College to initiate a fresh recruitment process for a regular principal in strict compliance with the rules.

In the interim, the senior-most eligible faculty member has been directed to take charge as in-charge principal.

The Court, however, invoked the principle of prospective overruling to uphold administrative decisions already taken by Gopal during his brief tenure as valid, except for the recruitment notification dated July 3, which had already been stayed by an earlier order.

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