N JOGENDRA KUMAR SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) In this writ petition, the petitioner Mr N Jogendrakumar Singh, made a prayer for quashing die impugned order dated 20.1.1993 issued by the competent authority terminating him from his services with effect from 23.11.1992 (after noon) as in Annexure A/3 to the writ petition, coupled with a prayer for his reinstatement as Assistant Teacher of Chingangteam Thamboumacha High School by contending inter alia, that he is a Bachelor Degree hcdder in Arts with Political Science and Philosophy under the Gauhati University in the year 1976 and had entered service as Assistant Graduate Teacher in Lamboikaongangkhong High School, Imphal. Now renamed as Chingamgbam Thamboumadha High School on 7.3.1983 and since then he had been working in the said school till the impugned order of termination was communicated to him and, that the said school has already been a Govt. Aided institution since before his entry in service. The petitioner also worked as Examiner of the Board of Siecondary Education, Manipur, on requisition of his services as a teacher of the said school and apart from it, he completed 2 years; probationary period prescribed by Rule 5 of Section 1 /Chapter DC of the Manipur Education Code, 1982 long ago to the satisfaction of his employer. The petitioner had been on leave on some occasions at intervals as he had been out of station twice in connection with the medical treatment of his wife, suffering from womb cancer at Tata Memorial Hospital Bombay, and also on account of the demise and Shradh ceremony of his mother.

(2.) According to the writ petitioner, on 10.2.1993, a copy of the impugned order of 20.1.1993 as in Annexure-A/3 to the writ petition was delivered to him by respondent No. 5 namedy, the Secretary of the Managing Committee of the Chingangbam Thamboumacha High School, Imphal, which is hereinafter referred to as School, [informing the petitioner that he has been terminated from service with effect from 23.11.1992 on the alleged grounds of unauthorised absence, negligence of duties and unsatisfactory performance of duties. It is also the case of the writ petitioner that, the petitioner has been condemned unheard for the alleged changes and no formality had been observed in issuing the impugned termination order with mala fide intention on the part of the respondent No. 5 and some of his/their right hand men in the school, the instance of which, is that two new incumbents namely one Ch. Memo Devi, daughter of the Secretary of the Managing Committee himself and one P Kamala Devi, daughter of a School Managing Committee member Shri P. Naren Singh, have been appointed as Assistant Teachers of the School for which approval has been sought for from the Inspector of Schools concerned (respondent No. 4) soon after the issuance of the impugned termination order.

(3.) The case of the writ petitioner is mainly contested by the respondent No. 5 namely the said Secretary/Managing Committee of the school by filing counter affidavit and contending inter-alia, that the said school is purely a private school managed with the funds provided by the State-respondents :in respect of four teachers and one LDC, as lump sum grants and funds raised by the Managing Committee of the school and, as such, the respondent No. 5 is not an authority within the meaning of Article 12 of the Constitution of India that the Managing Committee of the said school though constituted in terms of the Manipur Aided High and Higher Secondary Schools (Managing Committee Rules), 1977, which is purely an executive instruction issued by the Govt. for the purpose of 'efficient management of the schools for improving the standard of education and the respondent No. 5 is not an authority within the meaning of Article 12 of the Constitution of India.