Manipur High Court
Lourembam Surjit Singh vs State Of Manipur & 4 Ors on 25 May, 2026
JOHN Digitally signed by
JOHN TELEN KOM
TELEN KOM Date: 2026.05.25
17:44:29 +05'30'
6&7
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C)No.215 of 2026 With
MC(WP(C))No.229 of 2026
Lourembam Surjit Singh
Petitioner
Vs.
State of Manipur & 4 Ors.
Respondents
BEFORE
HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
(ORDER)
(Order of the Court was made by Mr. M. Sundar, CJ)
25.05.2026
[1] Read this in conjunction with and in continuation of earlier
proceedings made in the previous listing on 05.05.2026 which reads as
follows:
‘05.05.2026
[1] Read this in conjunction with and in continuation of earlier
proceedings made in the listing on 26.03.2026 which reads as follows :
‘26.03.2026
[1] Captioned matter is listed under the cause list
caption ‘ADJOURNED ADMISSION’.
[2] In the hearing today, it came to light that the 64 th
amendment of ‘Manipur Civil Service Rules, 1965’ (‘MCSR’ for
the sake of convenience and brevity) in so far as it includes
Registrar of Manipur University of Culture in the tabulation
under (C) MCS (JAG/Grade-I) vide Schedule-I of MCSR has
been assailed in the captioned writ petition.
[3] It also comes to light that the challenge is predicated
primarily on the point that the afore-referred amendment is
contrary to ‘the Manipur University of Culture Act, 2015
(Manipur Act No.7 of 2015)’ (hereinafter ‘said Act’ for the sake
of convenience and clarity)Page 1 of 7
[4] In the hearing, it was noticed that MCSR has not been
placed before us and Notification of State Government (if any)
vide sub-section (3) of Section 1 of said Act has also not placed
before us.
[5] For the sake of convenience in further hearings, at
this juncture, this Court finds that the following are
imperative:
(a) MCSR, 1965
(b) Notification of the State Government (Government of
Manipur) if any, qua sub-section 3 of Section 1 of said Act. To
be noted, said Act is a constitutional legislation and
notification/s if any vide sub-section (3) of section 1 will bring
to light details about coming into force of provisions of said
Act.
[6] Faced with the above situation, Mr. Sh. Athoi Singh,
learned counsel on record for the writ petitioner sought time to
examine and ferret out the Rules and Notification/s, if any and
place the same before this Court.
[7] Afore-referred request is acceded to.
[8] List under the same cause list caption i.e.,
'ADJOURNED ADMISSION' in the daily list.
[9] List on 07.04.2026.'
[2] Ms. S. Jotibala Devi, learned counsel on record for the writ petitioner is
before this Court (physical Court).
[3] Attention of learned counsel on record for writ petitioner was drawn to
paragraph 5 of earlier proceedings dated 26.03.2026. Responding to this,
learned counsel has placed one set of a photocopy of ‘MCSR, 1965’ (‘Manipur
Civil Service Rules, 1965’). A careful perusal of MCSR, 1965 and more
particularly, Rule 1 thereat brings to light that it shall come into force on the
date of the publication in the official Gazette. Therefore, this Court wanted
to know the date of publication of MCSR, 1965 in the official Gazette i.e., the
date on which it came into force. Learned counsel sought time in this regard.
As learned counsel submitted that she has difficulty in locating the Gazette,
we request Ms. Thanyomi Keishing, learned State Counsel who is present in
Court, waiting to accept notice if this Court is inclined to issue notice (to be
noted, this Court is not issuing notice today) to assist this Court in this regard
by producing a copy of the Government Gazette in which MCSR, 1965 was
published which in turn will be the date on which MCSR, 1965 kicked in i.e.,
came into force.
Page 2 of 7
[4] As regards subparagraph (b) of paragraph 5 of earlier proceedings dated
26.03.2026, learned counsel for the writ petitioner sought time to ascertain
the appointed date and the Notification in official Gazette in this regard qua
said Act as sub-section (3) of Section 1 of said Act makes it clear that it is a
conditional legislation i.e., it shall come into force on the date the State
Government may appoint by Notification in the official Gazette. As learned
counsel on record for writ petitioner is seeking time in this regard also, we
request learned State Counsel to assist this Court in this regard also by giving
us the appointed date and the Notification in the official Gazette in this regard
qua said Act and more particularly, sub-section (3) of Section 1 of said Act.
[5] List under the same cause list caption i.e., ‘ADJOURNED ADMISSION’ in
the daily list after a fortnight as learned counsel for writ petitioner and the
State Counsel request for atleast 2 (two) weeks time to get instructions,
locate the Notifications and assist this Court.
[6] List on 25.05.2026.’
[2] In the hearing today, Ms. A. Noutuneshwari, learned counsel
representing Ms. S. Jotibala Devi, learned counsel on record for writ petitioner
is before this Court (physical Court).
[3] In continuation of earlier proceedings, the following came to light:
(i) ‘Manipur Civil Service Rules, 1965’ (‘MCSR, 1965’ for the sake
of convenience and brevity) was published in the Gazette of India on
03.04.1965 and therefore MCSR, 1965 came into force on 03.04.1965,
scanned reproduction of the relevant portion of the Gazette publication and
the first page of MCSR ,1965 are as follows:
Page 3 of 7
Page 4 of 7
(ii) ‘Said Act,’ i.e., ‘Manipur University of Culture Act, 2015‘ which
is a conditional legislation, contains 43 Sections and one Schedule and all 43
Sections and the Schedule came into force on 25.08.2015 being the appointed
date qua Sub-section (3) of section 1 vide notification of Government of
Page 5 of 7
Manipur published in the Gazette on 26.08.2015 and scanned reproduction ofthis notification is as follows:
[4] As regards writ petition, learned counsel on record for writ
petitioner submitted that that the impugned amendment to MCSR, 1965 runs
contrary to said Act and MCSR, 1965 is a set of Rules made under proviso to
Article 309 of the Constitution and when it runs contrary to a statue made by
the legislature i.e., said Act, the same deserves to be interfered with. It is the
Page 6 of 7
specific say of learned counsel for writ petitioner that power of University toappoint the Registrar vested with the University vide said Act has been
denuded vide the impugned amendment to MCSR, 1965.
[5] Prima facie case for issue of notice made out.
[6] Issue notice. [7] Mr. I. Amri, learned State counsel accepts notice for respondent
Nos. 1 to 3 and Mr. H. Debendra, learned senior advocate and learned Deputy
Advocate General for Manipur leading him is present in Court.
[8] Notice to respondent Nos. 4 & 5, returnable by 25.06.2026.
[9] List on 25.06.2026.
JUDGE CHIEF JUSTICE
John Kom
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