Dr. Thongram Kamala Devi Aged About 45 ... vs The Dhanamanjuri University on 9 April, 2026

Manipur High Court

Dr. Thongram Kamala Devi Aged About 45 … vs The Dhanamanjuri University on 9 April, 2026

Bench: A. Guneshwar Sharma

REPORTABLE

IN THE HIGH COURT OF MANIPUR
AT IMPHAL

WP(C) No. 633 of 2024
1. Dr. Thongram Kamala Devi aged about 45 years W/O Rajkumar Bijoy Singh
of Keishampat Leimajam Leikai, P.O. & P.S.-Imphal, District- Imphal West,
Manipur.
2. Md. Asad Ali aged about 42 years S/O Md. Khalilullah of Mayang Imphal
Bengoon, P.O. & P.S.-Mayang Imphal, District- Imphal West, Manipur.
... Petitioners

-Versus-

1. The Dhanamanjuri University, Manipur represented by the Registrar
Dhanamanjuri University, Thangmeiband, Imphal, P.O. & P.S. Imphal,
Imphal West District, Manipur 795001.
2. The State of Manipur, represented by the Principal
Secretary/Commissioner/Secretary, Department of Higher and Technical
Education, Government of Manipur and its Office at Secretariat, Babupara,
Imphal, P.O. & P.S. Imphal, Imphal West District, Manipur -795001.
3. The Chief Secretary (DP), Government of Manipur, and its Office at Old
Secretariat, Babupara, P.O. & P.S. Imphal, Imphal West District, Manipur-
795001.
... Respondents
4. Professor N. Rajmuhon Singh, Former Vice Chancellor, Dhanamanjuri
University, a resident of Langthabal Kunja Awang Leikai, Canchipur, P.O.
Canchipur, P.S. Singjamei, Imphal West District, Manipur-795003.
... Proforma Respondent
With
WP(C) No. 501 of 2024

1. Shri Ksh. Jugeshwar Singh, aged about 49 years, S/o Ksh. Yaima Singh of
Kakching Mayai Leikai, P.O. & P.S. Kakching, Kakching District, Manipur -
795103.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 1 of 89
2. Shri Laishram Modhuchandra Singh, aged about 35 years, S/o Laishram
Kamdevo Singh of Khangabok Mayai Leikai, P.O. & P.S. Thoubal, Thoubal
District, Manipur-795138 through his authorized signatory Laishram
Momocha Singh, S/o Laishram Kamdevo Singh of Khangabok Mayai Leikai,
Thoubal District.
... Petitioners
-Versus-
1. The Dhanamanjuri University, Manipur represented by the Registrar
Dhanamanjuri University, Thangmeiband, Imphal, P.O. & P.S. Imphal,
Imphal West District, Manipur - 795001.
2. The State of Manipur, represented by the Principal
Secretary/Commissioner/Secretary, Department of Higher and Technical
Education, Government of Manipur, Secretariat, Babupara, Imphal, P.O. &
P.S. Imphal, Imphal West District, Manipur - 795001.
3. The Chief Secretary(DP), Government of Manipur, Manipur Secretariat,
Babupara, P.O. & P.S. Imphal, Imphal West District, Manipur-795001.
... Respondents
4. Professor N. Rajmuhon Singh, former Vice Chancellor, Dhanamanjuri
University, a resident of Langthabal Kunja Awang Leikai, Canchipur, P.O.
Canchipur, P.S. Singjamei, Imphal West District, Manipur-795003.
... Proforma Respondent

With
WP(C) No. 486 of 2024

1. Shri Longjam Lovedy Singh, aged about 48 years, S/o. (Late) Longjam
Raghumani Singh of Uripok Polem Leikai, P.O. Lamphel and P.S. Lamphel,
Imphal West District, Manipur- 795001.
... Petitioner
-Versus-
1. The State of Manipur, represented by the Commissioner, (Higher and
Technical Education), Government of Manipur, Secretariat, Babupara,
Imphal, P.O. & P.S. Imphal, Imphal West District, Manipur - 795001.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 2 of 89
2. The Dhanamanjuri University, Manipur represented by the Registrar
Dhanamanjuri University, Thangmeiband, Imphal, P.O. & P.S. Imphal,
Imphal West District, Manipur.
... Respondents

With
WP(C) No. 495 of 2024

1. Dr. Yumkham Sanatombi Devi, aged about 45 years, W/o. Ningombam
Yaiphaba of Singjamei Waikhom Leikai, P.O. & P.S. Singjamei, Imphal West
District, Manipur- 795008.
... Petitioner
-Versus-
1. The State of Manipur, represented by the Commissioner, (Higher and
Technical Education), Government of Manipur, Secretariat, Babupara,
Imphal, P.O. & P.S. Imphal, Imphal West District, Manipur - 795001.
2. The Dhanamanjuri University, Manipur represented by the Registrar
Dhanamanjuri University, Thangmeiband, Imphal, P.O. & P.S. Imphal,
Imphal West District, Manipur - 795001.
... Respondents

With
WP(C) No. 580 of 2025

1. Dr. Laikangbam Shalini, aged about 49 years, W/o. Laishram Geetchandra
Singh of Brahmapur Bamon Leikai, Thangjam Leirak, P.O & P.S. Porompat,
Imphal East District, Manipur - 795005.
2. Dr. Linthoingambi Wairokpam, aged about 43 years, W/o. Khangjrakpam
Gourachandra Singh of Oinam Mamang Leikai, P.O & P.S. Nambol, Bishnupur
District, Manipur - 795134.
3. Dr. Meena Elangbam, aged about 45 years, W/o. Laishram Roshan Singh of
Kwakeithel Laishram Leikai, P.O Imphal & P.S. Singjamei, Imphal West
District, Manipur - 795001.
... Petitioners
-Versus-

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 3 of 89
1. The State of Manipur represented by the Principal Secretary/ Commissioner/
Secretary (Hr. & Tech. Edn.), Government of Manipur, office at Old
Secretariat, Babupara, P.O. & P.S. Imphal, Manipur - 795001.
2. The Administrative Secretary (Hr. & Tech. Edn.), Government of Manipur,
office at Old Secretariat, Babupara, P.O. & P.S. Imphal, Manipur - 795001
3. The Registrar, Dhanamanjuri University, Manipur, office at Dhanamanjuri
University Campus, P.O. & P.S. Imphal, Imphal West District, Manipur-
795001.
... Respondents
4. Dr. Yumnam Sanatombi Devi, aged about 45 years, W/o Ningombam
Yaiphaba of Singjamei Waikhom Leikai, P.O & P.S Singjamei, Imphal West
District, Manipur -795008.
5. Dr. Thongram Kamala Devi, aged about 46 years, W/o Rajkumar Bijoy Singh
of Keishampat Leimajam leikai P.O & P.S Imphal, District, Imphal West,
Manipur.
6. Md. Asad Ali, aged about 45 years, residence of Mayang Imphal, selected
candidate in vide Notification No. 3/1/2018-DMU/ADmn dated 29-02-2024
issued by the Vice-Chancellor, Dhanamanjuri University.
7. Dominil Thangminlen Haokip, selected candidate in vide Notification No.
3/1/2018-DMU/ADmn dated 29-02-2024 issued by the Vice-Chancellor,
Dhanamanjuri University.
... Private Respondents
With
WP(C) No. 728 of 2024

1. Dr. Laikangbam Shalini, aged about 48 years, W/o. Laishram Geetchandra
Singh of Brahmapur Bamon Leikai, Thangjam Leirak, P.O & P.S. Porompat,
Imphal East District, Manipur - 795005.
2. Dr. Linthoingambi Wairokpam, aged about 43 years, W/o. Khangjrakpam
Gourachandra Singh of Oinam Mamang Leikai, P.O & P.S. Nambol, Bishnupur
District, Manipur - 795134.
3. Dr. Chamgonliu Panmei, aged about 50 years, W/o. Dr. Ram Kamei of
Majorkhul, M.G. Avenue, P.O Imphal & P.S. City, Imphal West District,
Manipur - 795001.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 4 of 89
4. Dr. Meena Elangbam, aged about 45 years, W/o. Laishram Roshan Singh of
Kwakeithel Laishram Leikai, P.O Imphal & P.S. Singjamei, Imphal West
District, Manipur - 795001.
... Petitioners
-Versus-
1. The State of Manipur represented by the Administrative Secretary (Hr. &
Tech. Edn.), Government of Manipur, office at Old Secretariat, Babupara,
P.O. & P.S. Imphal, Manipur - 795001.
2. Dhanamanjuri University, Manipur represented by the Registrar,
Dhanamanjuri University, Manipur, office at Dhanamanjuri University
Campus, P.O. & P.S. Imphal, Imphal West District, Manipur - 795001.
3. The Registrar, Dhanamanjuri University, Manipur, office at Dhanamanjuri
University Campus, P.O. & P.S. Imphal, Imphal West District, Manipur-
795001.
... Respondents
With
MC(WP(C)) No. 714 of 2024 with MC(WP(C)) No. 713 of 2024 with
MC(WP(C)) No. 628 of 2024 with MC(WP(C)) No. 624 of 2024 with
MC(WP(C)) No. 625 of 2024 with MC(WP(C)) No. 567 of 2025 with
MC(WP(C)) No. 565 of 2025 with MC(WP(C)) No. 550 of 2025 with
MC(WP(C)) No. 710 of 2024 with MC(WP(C)) No. 415 of 2024 with
MC(WP(C)) No. 421 of 2024 with MC(WP(C)) No. 428 of 2024 with
MC(WP(C)) No. 530 of 2024

B E F O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

For the petitioners : Mr. HS Paonam, Sr. Adv., Mr. A. Arunkumar, Adv. &
Ms. H. Malemleima, Adv. [WP(C) No. 501 of 2024 &
WP(C) No. 495 of 2024],
Mr. M. Nabaghanashyam, Adv. & Mr. H. Kenajit,
Adv. [WP(C) No. 486 of 2024],
Mr. Ajoy Pebam, Adv. [WP(C) No. 633 of 2024],
Mr. M. Hemchandra, Sr. Adv. & Mr. M. Rendy, Adv.
[WP(C) No. 728 of 2024 & WP(C) No. 580 of 2025].

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 5 of 89
For the respondents : Mr. H. Debendra, Dy. AG with Ms. I. Sharmila, Adv.
[State Govt.] & Mr. I. Denning, Adv. [Dhanamanjuri
University]; Mr. Y. Nirmolchand, Sr.Adv. with Mr. U.
Augusta, Advocate [former VC, DMU].
Reserved on : 16.10.2025.
Date of Judgement : 09.04.2026

JUDGEMENT & ORDER
(CAV)

[1] Heard Mr. HS Paonam, learned sr. counsel assisted by Mr. A.
Arunkumar, learned counsel and Ms. H. Malemleima, learned counsel for the
petitioners in WP(C) No. 501 of 2024 & WP(C) No. 495 of 2024; Mr. M.
Nabaghanashyam, learned counsel along with Mr. H. Kenajit, learned counsel for
the petitioner in WP(C) No. 486 of 2024; Mr. Ajoy Pebam, learned counsel for
the petitioners in WP(C) No. 633 of 2024; Mr. M. Hemchandra, learned sr.
counsel assisted by Mr. M. Rendy, learned counsel for the petitioners in WP(C)
No. 728 of 2024 & WP(C) No. 580 of 2025; Mr. H. Debendra, learned Dy.
Advocate General assisted by Ms. I. Sharmila, learned jr. Govt. counsel for the
State respondents and Mr. I. Denning, learned counsel for the Dhanamanjuri
University (in short, 'DMU').

[2] These 6 (six) writ petitions and connected misc. applications arise
out of the same issues, i.e., (i) notification dated 29.02.2024 recommending
appointment of 83(eighty three) candidates in 21(twenty one) subjects
(excluding Zoology) as Assistant Professors in DMU; (ii) proceedings of
emergency Syndicate meeting held on 18.07.2024 with respect to Resolution
No.2 of Agenda I regarding Physics and Botany; (iii) notification dated
18.07.2024 cancelling the earlier notification dated 29.02.2024 and
recommending appointment of 120 (one twenty) candidates as Assistant
Professor in DMU in 20 (twenty) subjects; (iv) Addendum dated 18.07.2024,
inserting Para 10 in notification dated 18.07.2024 for superseding the earlier
notification dated 29.02.2024 & (v) notification dated 19.07.2024 for fresh
interview/viva-voce for the post of Assistant Professors in Botany & Physics
subjects. In the circumstances, all these writ petitions and connected misc.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 6 of 89
applications, with respect to subjects of Physics and Botany only, are being
disposed of by this common judgment and order. In order to avoid repetitions
and for the sake of brevity, the common facts of these writ petitions and
connected misc. applications are briefly summarized as below.

[3] The Registrar, DMU issued an advertisement no. 03/2020 dated
19.12.2020 inviting applications from intending candidates for filling up the
vacancies to 88 (eighty-eight) posts of Assistant Professor in 22 (twenty-two)
subjects/departments in the pay-scale of Rs. 15,600-39,100/- + AGP Rs. 6000/-
(Pre-revised) and last date for submission of the duly completed application form
was fixed on or before 16.01.2021 by 4:30 pm. In the general information
annexed to the advertisement dated 19.12.2020, the details of the 22 (twenty-
two) subjects are enumerated and the number of vacancies against each subject
and categories of reservation are provided. As per the terms of the
advertisement, the number of seats may change, i.e., increase or decrease. The
break-up of seats subject wise is reproduced below:

Post Department/ Total Categories of
Code Subject Vacancies reservation
01 Anthropology 4 2-UR, 1-OBC(M), 1-ST
02 Botany 4 2-UR, 1-OBC(MP), 1-ST
03 Chemistry 4 3-UR, 1-ST
04 Commerce 4 2-UR, 1-OBC(MP), 1-ST
05 English 4 2-UR, 2-ST
06 Electronics 4 3-UR, 1-ST
07 Education 4 2-UR, 1-ST, 1-SC
08 Economics 4 2-UR, 1-OBC(MP), 1-ST
09 Environmental 4 2-UR, 1-OBC(M), 1-ST
Science
10 Geography 4 2-UR, 1-OBC, 1-ST
11 History 4 1-UR, 1-OBC(M), 2-ST
12 Home Science 4 2-UR, 1-OBC(M), 1-ST
13 Manipuri 4 2-UR, 1-OBC(M), 1-ST
14 Mathematics 4 3-UR, 1-ST
15 Physics 4 2-UR, 1-OBC(M), 1-ST
16 Philosophy 4 2-UR, 1-OBC(M), 1-ST
17 Political Science 4 1-UR, 1-OBC(M), 2-ST
18 Physical Education & 4 2-UR, 1-OBC(M), 1-ST
Sports
19 Sociology 4 2-UR, 1-OBC(M), 1-ST
20 Statistics 4 2-UR, 2-ST

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 7 of 89
21 Zoology 4 3-UR, 1-ST
22 Law 4 2-UR, 2-ST

[4] All the eligible candidates including the petitioners herein
appeared for interview/viva-voce before the Selection Committee. It is stated
that the interview for the recruitment of 88 (eighty-eight) posts of Assistant
Professor had already been completed in the month of June, 2021. However, the
result of the recruitment for Assistant Registrar was not declared even after
completion of the interview/viva-voce proceedings. 10 (ten) candidates who
appeared in the interview for the posts of Assistant Professor, approached this
Court by way of writ petition, being WP(C) No. 790 of 2023, inter-alia praying
for a direction to the DMU for declaration of the result of recruitment of 88
(eighty-eight) posts of Assistant Professor in 22 (twenty-two) subjects (4 posts
for each subject). By an order dated 08.02.2024 passed by this Court in WP(C)
No. 790 of 2023 and in view of the proposal submitted by the learned counsel
for the petitioners as well as DMU, it was directed that the result of the
recruitment of Assistant Professors in pursuance to the advertisement dated
19.12.2020 be declared within a period of 4(four) weeks and the writ petition
was disposed of without expressing any opinion on the merit of the case.

[5] In compliance of the order dated 08.02.2024 passed by this Court
in WP(C) No. 790 of 2023, on recommendations of the Selection Committee of
DMU and in pursuance to the Resolution No. 2 of the 11th Syndicate meeting of
DMU held on 27.02.2024, '83' (eighty-three) candidates were selected for
appointment as Assistant Professors in 21(twenty-one) subjects. For all subjects,
'4' candidates each were recommended and for Electronics, only '3' candidates
were recommended for appointment as Assistant Professor. It may be noted that
since 2(two) writ petitions with respect to Zoology subject [i.e. WP(C) Nos. 833
of 2021 & WP(C) No. 199 of 2024] were pending and in view of the interim order
dated 13.12.2021, the result of the Zoology subject was not included in the
notification dated 29.02.2024. Since the present cases relate to the Botany and
Physics subjects, the selected candidates for these 2(two) subjects as included
in the notification dated 29.02.2024 are reproduced below for easy reference:

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 8 of 89
Botany:
Sl. Name of Candidate Category Status in writ petitions
No.
1. Sanatombi Devi Yumkham UR Petitioner in WP(C) No.495
of 2024
2. Kamala Devi Thongram UR Petitioner no. 1 in WP(C) No.
633 of 2024
3. Md. Asad Ali OBC(MP) Petitioner no. 2 in WP(C)
No.633 of 2024
4. Dominil Thangminlen Haokip ST Non-party in writ petitions

Physics:
Sl. Name of Candidate Category Status in writ petitions
No.
1. Kshetrimayum Jugeshwar UR Petitioner no. 1 in WP(C) No.
Singh 501 of 2024
2. Longjam Lovedy Singh UR Petitioner in WP(C) No.486
of 2024
3. Dr. Modhuchandra Singh OBC(M) Petitioner no. 2 in WP(C) No.
Laishram 501 of 2024
4. Solingyur Zimik Kachui ST Non-party in writ petitions

[6] While the petitioners were awaiting issuance of offer forms, it
came to their notice that an emergency Syndicate meeting of DMU was held on
18.07.2024 at 11:00 am upon appointment of new Vice-Chancellor (in short,
'VC') of DMU for declaring result of various posts of teaching and non-teaching
staff as Agenda no. I. Resolution no. (1) of the Agenda no. I relates to declaration
of the results of non-teaching posts such as Registrar, Controller of
Examinations, Deputy Registrar, Deputy Controller of Examination, Deputy
Finance Officer, Assistant Registrar, Assistant Finance Officer, Assistant
Controller of Examination, Section Officer, Office Assistant, Multi-Tasking Staff,
Computer Operator, Driver, etc.; and Resolution no. (2) relates to declaration
of the results of Assistant Professor. The new Vice-Chancellor requested the
Syndicate to consider the earlier Notification no. 3/1/2018-DMU/Admn dated 29th
February, 2024 as null and void because of the fact that the same was not issued
with the approval of the State Government as mandated by the Department of
Personnel vide Order No. RRDP-30/1/2021-DP-DP dated 15-08-2021 and Order
No. RRDP-30/1/2021-DP-DP dated 11-04-2023 for declaring the result of

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 9 of 89
recruitment. The Syndicate, after due deliberation, agreed to treat the
Notification No. 3/1/2018-DMU/Admn dated 29th February, 2024 as null and void.
After this decision, the subject-wise recommendations of the Selection
Committee were placed before the Syndicate. The Syndicate, after detailed
deliberation, unanimously agreed to accept the recommendations of the teaching
post; and also the additional posts of 60 (sixty) teaching faculty in 16 (sixteen)
different subjects/departments. 'Table-A' consists of 19 (nineteen) subjects from
the notification dated 29.02.2024 (excluding Physics & Botany) and 'Table-B'
consists of additional recommendation in 14(fourteen) subjects and 'Table-C'
consists of combined select list of 'Tables- A & B'. It is stated that in respect of
Physics and Botany subjects, the data/tabulation sheets were allegedly found
blank, no assessment was made against any of the candidates appeared in
interview for the two subjects and the Syndicate after detailed deliberations
unanimously resolved to conduct fresh interview of the candidates who were
invited and appeared in the interview held earlier. It may be noted that the
emergency Syndicate meeting held on 18.07.2024 also recommended 15
(fifteen) candidates (14 effective, 1 kept reserved as per this Court's order) in
'Table-B' for Zoology as the pending case had already been disposed of. Vide
order dated 04.04.2024 passed by this Court in WP(C) No. 199 of 2024, this
Court modified the interim order staying declaration of the result of Zoology by
keeping 1(one) UR seat till the disposal of WP(C) No. 833 of 2021 and vide
another order dated 29.05.2025, the WP(C) No. 833 of 2021 was dismissed by
this Court and interim order was vacated.

[7] In pursuance to the approval in the emergency Syndicate meeting
held on 18.07.2024, the VC of DMU issued another notification no. 3/1/2018-
DMU/Rect./2020-I(Pt.) dated 18.07.2024 containing fresh list of candidates
selected for appointment to the post of Assistant Professor in 19 (nineteen)
departments, including additional posts as approved by the Syndicate in its
meeting. However, the subjects of Physics and Botany were not included in the
notification dated 18.07.2024; and in para 7, it was mentioned that fresh
interview for candidates, who had already been called for and appeared in the
earlier interview, would be conducted shortly. An addendum no.3/1/2018-
DMU/Rect./2020-I(Pt) dated 18.07.2024 was issued by Registrar, DMU adding

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 10 of 89
paragraph 10 to the notification dated 18.07.2024 of fresh list of selected
candidates for the posts of Assistant Professor, for superseding earlier
notification dated 29.02.2024 and the said paragraph 10 is reproduced herein
below:

"10. This Notification supersedes the earlier Notification No.
3/1/2018-DMU/Admn dated 29.02.2024 issued by this University
notifying the list of selected candidates for the post of Assistant
Professor in 21 (twenty-one) subjects/departments."

[8] Vide notification no. 3/1/2018-DMU/Rect./2020-II (Pt) dated
19.07.2024 issued by the Registrar, DMU, it was notified to all the candidates/
applicants for the posts of Assistant Professor in Botany and Physics that an
interview/viva-voce would be held w.e.f. 30th July, 2024. It was made clear that
only those candidates who appeared in the earlier interview held from 16 th to
18th October, 2021 and from 17th to 19th December, 2021 for Botany and Physics
respectively would be eligible to appear for interview; and no fresh call letters
would be issued. It may be noted that the notification dated 29.02.2024 was
issued by former VC, Prof. N. Rajmuhon Singh; and notification dated 18.07.2024
was issued by new i/c VC, Mr. H. Gyan Prakash Singh who was holding the
substantive post of Commissioner (Higher & Technical Education), Government
of Manipur at the relevant time.

[9] In WP(C) No. 501 of 2024, WP(C) No. 495 of 2024, WP(C) No.
486 of 2024 and WP(C) No. 633 of 2024, the petitioners who were candidates
recommended for the posts of Assistant Professor in Physics and Botany
subjects, have inter-alia challenged and prayed for (i) quashing the minutes of
the emergency Syndicate meeting of DMU held on 18.07.2024 and the
notification dated 18.07.2024, so far relating to 'Resolution no.2 of the Agenda
no.I' recommending cancellation of result of Physics and Botany subjects; (ii) for
directing the DMU to appoint petitioners to the post of Assistant Professor in
Physics and Botany in terms of the notification dated 29.02.2024; (iii) for
quashing the addendum dated 18.07.2024 by which para 10 is inserted in the
fresh selection notification dated 18.07.2024; and (iv) for quashing notification
dated 19.07.2024 for conducting fresh interview for Physics & Botany subjects.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 11 of 89
[10] WP(C) No. 728 of 2024 and WP(C) No. 580 of 2025 are filed by
some of the candidates who are unsuccessful in the interview and whose names
are not included in both the notifications dated 29.02.2024 as well as 18.07.2024
in the subject of Botany. In WP(C) No. 728 of 2024, the prayer is for a direction
to hold interview/viva-voce for consideration of appointment to the posts of
Assistant Professor (Botany), DMU in pursuant to Advertisement dated
19.12.2020 with reference to notification dated 19.07.2024 and Resolution no. 2
of the Syndicate meeting held on 18.07.2024. The prayer in WP(C) No. 580 of
2025 is for reviewing the recommendation vide notification dated 29.02.2024 to
the post of Assistant Professor (Botany) as there was no marking for candidates
and blank tabulation sheets against the candidates recommended and for inquiry
against the private respondents. The prayers in this batch of writ petitions are
separately reproduced below:-

(a) Prayers in WP(C) No. 501 of 2024: [Physics]

i) issue rule nisi and call for the records;
ii) issue a writ of certiorari or any other appropriate writ or direction for
quashing and setting aside the impugned Notification dated 19-07-2024
(Annexure-A/9) so far as it relates to the Physics subject;
iii) quash and set aside the impugned minutes of the Emergency Meeting of
the Syndicate, Dhanamanjuri University held on 18-07-2024(Annexure-
A/6) so far as it relates to resolution taken in Resolution 2 of Agenda 1 in
respect of Physics subject;
iv) issue a writ of mandamus or any other appropriate writ or direction
directing the respondents to appoint the petitioners to the post of
Assistant Professor of Physics in Dhanamanjuri University in terms of
notification dated 29-02-2024 (Annexure-A/5) and
v) pass such further order(s) or direction(s) which this Hon'ble Court deem
fit and proper to secure the ends of justice.

(b) Prayers in WP(C) No. 495 of 2024: [Botany]

i) Issue rule nisi calling upon the respondents to show cause as to why the
prayer of the petitioner shall not be granted considering the facts and

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 12 of 89
circumstances of the present petition. If no cause is shown or insufficient
cause is shown, to make the rule absolute;
ii) Issue a writ of Certiorari or any other appropriate writ or direction for
quashing and setting aside the impugned Notification dated 19/07/2024
(Annexure-A/8) so far as it relates to the Petitioner;
iii) Issue a writ of Mandamus directing the respondents to include the name
of the Petitioner in the impugned Notification dated 18/07/2024
(Annexure-A/3) so far as it relates to the Petitioner as she has already
been selected vide earlier Notification dated 29/02/2024 (Annexure-A/1);
iv) Stay/suspend the operation of the impugned Notification dated
19/07/2024 (Annexure-A/8) so far as it relates to the Petitioner so that no
fresh interview for the selection of Assistant Professors be conducted as
notified vide the above impugned Notification. (A separate misc.
application has been filed praying for interim stay) and if the fresh
interview is not and
v) Pass any other Order/Writ/Direction which the Hon'ble Court deems fit,
just and proper in the facts and circumstances of the present case.

i) issue rule nisi and call for the records;
ii) issue a writ of certiorari or any other appropriate writ or direction for
quashing and setting aside the impugned Notification dated 19.07.2024
(Annexure-A/6) so far as it relates to the Petitioner;
iii) issue a writ of mandamus or direct the respondents to include
the name of the Petitioner in the impugned Notification dated 18.07.2024
(Annexure-A/5) so far as it relates to the Petitioner as he has been already
selected vide notification dated 29-02-2024 (Annexure-A/4);
iv) Stay/suspend the operation of notification dated 19.07.2024
(Annexure-A/6) so far as it relates to the Petitioner (separate misc.
application has been filed for interim stay);
v) pass such further order(s) or direction(s) which this Hon'ble
Court deem fit and proper to secure the ends of justice.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 13 of 89
(d) Prayers in WP(C) No. 633 of 2024: [Botany]

i) issue rule nisi and call for the records;
ii) quash and set aside the impugned minutes of the Emergency Meeting of
the Syndicate, Dhanamanjuri University held on 18-07-2024 so far as it
relates to resolution taken in Resolution 2 of Agenda 1 in respect of Botany
subject (at Annexure-A/5);
iii) quash impugned Addendum being No. 3/1/2018-DMU/Rect./2020-I(Pt)
dated 18th July, 2024 by which Para 10 is inserted in the fresh selection
Notification dated 18/7/2024 (at Annexure-A/7);
iv) quash the Impugned Notification No. 3/1/2018-DMU/Rect/2020-II (Pt)
dated 19-07-2024 (Annexure-A/8) so far as it relates to Botany subject;
v) issue a writ of mandamus or any other appropriate writ or direction
directing the Respondents to appoint the Petitioners to the post of Botany
Assistant Professor of Botany in Dhanamanjuri University in terms of
Notification dated 29-02-2024 (Annexure-A/4);
vi) pass such further order(s) or direction(s) which this Hon'ble Court deem
fit and proper to secure the ends of justice.

(e) Prayers in WP(C) No. 728 of 2024: [Botany: by Unsuccessful
Candidates]

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 14 of 89
iv) If no cause is shown or insufficient cause is shown, make the rule
absolute.
v) To call for the relevant records.
vi) To pass any order/ writ/ direction which the Hon'ble Court deem fit and
proper in the facts and circumstances of the present case.

(f) Prayers in WP(C) No. 580 of 2025: [Botany: by Unsuccessful
Candidates]

i) To admit the present writ petition.
ii) To issue rule nisi calling upon the respondents to show cause as to why
prayer made by the petitioners shall not be granted in the facts and
circumstances of the present petition.
iii) To issue a writ of certiorari/ Mandamus or any other appropriate writ/
order/ direction to quash and set aside / review the entire selection
process as to how the private respondents were selected/ recommended
for appointment to the post of Assistant Professors (Botany) of
Dhanamanjuri University vide impugned Notification No. 3/1/2018-
DMU/ADmn dated 29-02-2024(AT ANNEXURE-A/4) issued by the Vice-
Chancellor, Dhanamanjuri University superseded by the Notification No.
3/1/2018-DMU/Rect./2020-i(Pt) dated 18-07-2024 issued by the Vice-
Chancellor, Dhanamanjuri University Manipur read with Addendum No.
3/1/2018-DMU/Rect./2020-I(Pt) dated 18-07-2024 issued by the
Registrar, Dhanamanjuri University (AT ANNEXURE-A/5 & A/7) when the
data/tabulation sheet was found blank, no assessment mark was marked
against the candidate for the subject of Botany as reflected in resolution
No.2 of the Minutes of Emergency Syndicate meeting dated 18-07-2024
of Dhanamanjuri University (AT ANNEXURE-A/6), in view of the facts and
circumstances of the present petition.
iv) To issue a writ of Mandamus or any other appropriate writ/ order/
direction to finalize/ complete/ conclude the enquiry against the private
respondents by the constituted committee vide Order No. 3/1/2018-
DMU/Rect/2020-I(Pt) dated 26-07-2024 (AT ANNEXURE-A/10) issued by

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 15 of 89
the Registrar, Dhanamanjuri University within a time bound manner, in
view of the facts and circumstances of the present petition.
v) To issue a writ of Mandamus or any other appropriate writ/ order/
direction to consider for appointment of the petitioners to the post of
Assistant Professors (Botany), Dhanamanjuri University against the
available vacancies of Botany, in view of the facts and circumstances of
the present petition.
vi) If no cause is shown or insufficient cause is shown, make the rule
absolute.
vii) To call for the entire proceeding and for rendering absolute
justice.
viii) To pass any order/ writ/ direction which the Hon'ble Court deem fit and
proper in the facts and circumstances of the present case

[11] The petitioners in WP(C) No. 495 of 2024 has also filed an
application, being MC(WP(C)) No. 710 of 2024, for quashing/setting aside the
impugned minutes of the emergency Syndicate meeting of DMU held on
18.07.2024 as far as it relates to 'Resolution 2 of Agenda I' in respect of Botany
subject as well as the Addendum dated 18.07.2024. It is stated that the
applicant/petitioner came to know about the existence of the addendum dated
18.07.2024, only when the counsel for the respondent no. 1 made submission
about the same before this Court. In the circumstances, it is prayed to quash
and set aside of impugned minutes of the Emergency Meeting of the Syndicate,
Dhanamanjuri University held on 18.07.2024 (Annexure-M/1) so far as it
relates to resolution taken in 'Resolution 2 of Agenda I' in respect of Botany
subject as well as the Addendum dated 18.07.2024 (Annexure-M/3).

[12] MC(WP(C)) No. 713 of 2024 is filed by the petitioner in WP(C) No.
486 of 2024 for inserting prayer no. (ii) A, B & C for quashing/setting aside of
(a) addendum dated 18.07.2024; (b) for para no. 7 of the notification dated
18.07.2024 and (c) the emergency Syndicate meeting held on 18.07.2024
'Resolution no. 2 of Agenda no. I' with respect to Physics subject.

[13] MC(WP(C)) No.714 of 2024 is filed by the petitioner in WP(C) No.
486 of 2024 for a direction to bring on record of recommendation sheets of all

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 16 of 89
22 (twenty-two) subjects including Physics prepared by the Selection Committee
for the selection of 83 (eighty-three) candidates vide advertisement dated
19.12.2020. Vide order dated 16.10.2025 while reserving the cases for judgment,
the prayer for calling records of the proceeding from DMU was not considered
as the same being subject matter of vigilance case.

[14] MC(WP(C)) No. 628 of 2024 in WP(C) No. 486 of 2024;
MC(WP(C)) No. 624 of 2024 in WP(C) No. 495 of 2024 and MC(WP(C)) No. 625
of 2024 in WP(C) No. 501 of 2024 are filed by the State of Manipur and DMU for
vacation of the interim orders dated 23.07.2024, 29.07.2024 and 23.08.2024,
where there were interim orders staying declaration of result and fresh interview
for Physics and Botany subjects in terms of notification dated 19.07.2024. Vide
common order dated 22.08.2024, this Court modified the above interim orders
allowing DMU to conduct fresh interview for additional posts of '9' & '7' in Physics
and Botany, keeping the stay order confined to the '4' posts each for Physics and
Botany subjects, which were recommended for selection by notification dated
29.02.2024.

[15] MC(WP(C)) No. 550 of 2025 in WP(C) No. 580 of 2025 is filed by
the unsuccessful candidates in Botany for stay of the notification dated
29.02.2024.

[16] MC(WP(C)) No. 415 of 2024 in WP(C) No. 486 of 2024;
MC(WP(C)) No. 421 of 2024 in WP(C) No. 495 of 2024 and MC(WP(C)) No. 428
of 2024 in WP(C) No. 501 of 2024 are filed by the petitioners for stay of the
notification dated 19.07.2024 issued by DMU calling for fresh interview for
Botany and Physics subjects as recommended by the Syndicate in its meeting
held on 18.07.2024. It may be noted that vide order dated 29.07.2024 in
connected cases, this Court stayed the notification dated 19.07.2024 for holding
fresh interview for Physics and Botany.

[17] MC(WP(C)) No. 530 of 2024 in WP(C) No. 633 of 2024 is filed by
the petitioners for stay of the proceedings of emergency Syndicate meeting held
on 18.07.2024 and addendum dated 18.07.2024. Vide orders dated 23.07.2024,
29.07.2024 and 23.08.2024, this Court passed interim orders staying declaration

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 17 of 89
of result of the interview in terms of notification dated 19.07.2024 and
subsequently, stay of the interview for 4 posts each for Botany and Physics in
terms of notification dated 19.07.2024. However, stay order was modified vide
order dated 22.08.2025.

[18] MC(WP(C)) No. 565 of 2025 in WP(C) No. 728 of 2024 and
MC(WP(C)) No. 567 of 2025 in WP(C) No. 580 of 2025 are filed by the petitioners
(unsuccessful candidates in Botany) for tagging the main writ petitions along
with the connected writ petitions and vide order dated 12.08.2025, WP(C) No.
728 of 2024 and WP(C) No. 580 of 2025 were tagged along with other connected
matter. Accordingly, all the writ petitions and applications are heard together
and are being disposed by this common judgment and order.

[19] On 23.07.2024, this Court issued notice to the respondents in
WP(C) No. 486 of 2024 and directed that the result of the interview to be
conducted on 30.07.2024 should not be declared without the leave of this Court
and 1(one) seat be kept apart. On 29.07.2024, WP(C) No. 501 of 2024 and
connected misc. application being MC(WP(C)) No.428 of 2024 were taken up for
hearing and this Court stayed the notification dated 19.07.2024 for holding
interview w.e.f. 30.07.2024 till the next date and it was clarified that the prayer
of interim relief would be considered after getting instructions from DMU and
interim order has been extended from time to time. On 24.07.2025, this Court
directed DMU to explain- (i) the number of seats proposed to be available for
Botany and Physics subjects as on date and number of seats proposed for the
fresh interview by the notification dated 19.07.2024 and (ii) whether the
candidates in the notification dated 29.02.2024 are included in toto in the
subsequent notification dated 18.07.2024 except for Botany and Physics.

[20] In pursuance to the above directions in order dated 24.07.2025,
the Registrar, DMU filed an affidavit dated 20.08.2025 stating that (i) the
candidates selected in the notification dated 29.02.2024 are included in toto in
the subsequent notification dated 18.07.2024 except for Botany & Physics; and
(ii) number of seats available for Botany and Physics are '7' and '9' additional
seats respectively in addition to '4' seats each already advertised earlier, i.e., '11'
[4+7] & '13' [4+9] seats in total. Since the present batch of writ petitions

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 18 of 89
concerned with 4 seats of Botany and 4 seats of Physics subjects and in the
circumstances, the interim order dated 29.07.2024 was modified by another
order dated 22.08.2025 by giving liberty to DMU to conduct proposed fresh
interview for '7' additional seats of Botany and '9' additional seats of Physics for
the post of Assistant Professor, keeping apart 4 seats each for Physics and
Botany as included in the notification dated 29.02.2024. In other words, the
interim order dated 29.07.2024 staying the process for interview for Botany and
Physics was modified by a subsequent order dated 22.08.2025 permitting the
DMU to hold interview for the '7' additional seats in Botany and '9' additional
seats in Physics for the post of Assistant Professor. However, the interim order
staying the interview for the 4 seats of Botany and 4 seats of Physics as
recommended in notification dated 29.02.2024 was not disrupted with a direction
not to make any appointment against these '8' seats in litigation.

[21] It is the case of the petitioners that in the social media page of
the Raj Bhavan, Manipur regarding delay in declaring recruitment, it was
explained to Hon'ble Governor by in-charge "VC, H. Gyan Prakash that tabulation
submitted by the examining by authority was incomplete, and listing only four
candidates each for Botany and Physics, while eleven and thirteen positions
needed to be filled respectively".

[22] It is the specific case of the petitioners that since 4 seats have
already been notified for each subject in the advertisement dated 19.12.2020,
the selection of '4' candidates each in Physics and Botany vide notification dated
29.02.2024 is correct. The proposed interview, in terms of the notification dated
19.07.2024, should be confined to '7' additional posts of Botany and '9' additional
posts of Physics and the petitioners, who have already been recommended for
selection by notification dated 29.02.2024, should not be made to take part in
the fresh interview along with the other candidates for the new additional posts.
The common grounds for challenge in all these writ petitions are- (i) deletion of
the name of the successful candidates from the impugned notification dated
18.07.2024 is discrimination against the similarly situated persons like the
petitioners and violates Article 14 of the Constitution; (ii) the notification dated
18.07.2024 is arbitrary, illegal and void with respect to the modification to the

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 19 of 89
earlier result dated 29.02.2024 without any reason of cancelling the appointment
of Assistant Professor in Botany and Physics; (iii) the impugned notification dated
18.07.2024 will affect the seniority of the petitioners vis-à-vis the freshly
recommended additional candidates in Table 'B'; (iv) approval of the State Govt.
is not required for declaration of the result vide notification dated 29.02.2024;
(v) the only reason of non-approval by State Government for declaration of result
attributed in the emergency Syndicate meeting held on 18.07.2024 for
cancellation of the whole result, is not sustainable; (vi) DMU is bound by
Dhanamanjuri University Act, 2017; (vii) 3 (three) external subject experts in
Physics and Botany have already intimated the DMU that they had accessed the
performances of all the candidates appeared for interview, marked accordingly
and prepared recommendation list on merit; and (viii) the stand of the
respondents, especially DMU, is contrary to the stand taken by DMU in WP(C)
No. 790 of 2023 to the extent that- (a) the process of interview had already been
completed in the month of July, 2022; (b) the DMU being a statutory body
operated under the DMU Act, 2017, the OMs dated 16.08.2021 & 11.04.2023
would not be applicable to the DMU; and (c) if so, such situation would amount
to change of the rule after the recruitment was initiated in the year, 2020.

[23] The official respondents, i.e. State of Manipur and DMU, have
filed common affidavits-in-opposition (counter affidavits) sworn by the Joint
Secretary (Hr. & Tech. Education), Government of Manipur inter-alia stating that
DMU published advertisement dated 19.12.2020 for filling up 88 (eighty-eight)
vacancies of Assistant Professor in 22 subjects and mode of selection is viva-
voce/personal interview. In 2 subjects, i.e., Physics and Botany, the score sheets/
tabulation sheets were found to be blank and the candidates were not assessed
by the Selection Committee. In terms of the Office Memoranda dated 16.08.2021
and 11.04.2023, approval of the Department of Personnel and Administrative
Reforms, Govt. of Manipur (in short DP, Govt. of Manipur) is required for
recruitment and declaration of result of any recruitment examination conducted
by departments other than MPSC (Manipur Public Service Commission) and the
same is extended to other agencies, PSUs, companies, societies, autonomous
bodies under the State Govt. including Universities and institutes of higher
learning and the aforesaid OMs are reproduced below:

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 20 of 89
"Government of Manipur
Department of Personnel and Administrative Reforms
(Personnel Division)

OFFICE MEMORANDUM
Imphal, the 16th August, 2021

No RRDP-30/1/2021-DP-DP: The State Cabinet has taken a
decision to review Office Memorandum No. RRDP-30/1/2021 -DP-
DP dated 16.07.2021 in its meeting held on 07.08.2021 with a
view to delineate procedure to be followed by all Departments
under the State Government and its agencies (including PSUs,
companies, societies, autonomous bodies) on matter concerning
recruitments, for better clarity on the matter. The decision of the
State Cabinet are communicated herewith for compliance thereof,
and/or necessary action thereon, by all Departments under the
State Government and its agencies. 'Department' in the following
paras includes agencies, PUs, companies, societies, autonomous
bodies under the State Government.

2. Accordingly, the following instructions are issued for
compliance by all Departments with immediate effect and until
further orders:

2.1 Concurrence of Department of Personnel (DP) shall be
obtained by all Departments for taking up recruitments
under the said policy.

2.2 Concurrence of DP will be sufficient for taking up recruitments
by all Departments where:

i) The proposed recruitment falls under the type of
recruitments covered by the OM dated 16.07.2021;
ii) The proposal fulfils all instructions covered by the said OM;
iii) The proposal is in accordance with other extant norms for
conduct of recruitment examinations;

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 21 of 89
iv) The proposal is in accordance with norms for filling up
vacancies as per 200 point reservation roster; and
v) The remuneration norms proposed for the recruitment are
in accordance with OM issued by FD (PIC), in pursuance of
OM issued by DP dated 16.7.2021.
2.3 For such cases in para 2.2 above, approval of Cabinet will not
be required. Further, separate relaxation from ban on recruitment
imposed by FD will not be required for these cases.
2.4 The following type of proposals for recruitment will require
approval of Cabinet:
i) Type of recruitment which are not covered by the said OM
of DP dated 16.7.2021 (example: recruitment under
Centrally Sponsored Schemes);
ii) Proposals which are not in accordance with extant norms
for conduct of recruitment examinations;
iii) Proposals which involve creation of posts;
iv) Proposals in which remuneration norms are not in
accordance with OM issued by FD (PIC), in pursuance of
OM issued by DP dated 16.7:2021;
v) Proposals which in general, are contrary to any instruction
of DP contained in the OM dated 16.07.2021, or any
modification thereto, or any rule or subsequent instruction
issued in connection with recruitments.
2.5 Further, approval of DP will continue to be required
before declaration of results of recruitment examinations
(by whatever name called) conducted by departments
other than the Manipur Public Service Commission.
2.6 All approvals accorded earlier by Cabinet (that is, decisions
taken prior to 06.07.2021) for recruitment on regular basis (that
is, for recruitments to which the OM dated 16.07.2021 applies),
and for which recruitment notifications were yet to be issued as
on 06.07.2021, stands superseded by Cabinet decision dated
06.07.2021 as reflected vide OM dated 16.07.2021 and therefore,

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 22 of 89
such recruitments shall be taken up on contractual basis in
accordance with the instructions contained in the said OM, and its
amendments. It will be the responsibility of the Administrative
Secretary of the Department concerned to ensure that the terms
and conditions of employment including remuneration, extant
norms for conduct of recruitment examinations, observance of
200-point roster, are in accordance with all rules, and standing
instructions of Government in this regard. Separate concurrence
of Department of Personnel shall not be required for these cases.
Sd/-
(Dr. Rajesh Kumar)
Chief Secretary
Govt. of Manipur
Memo No. RRDP -30/1/2021-DP-DP Imphal, the 16th August, 2021

-&-

"GOVERNMENT OF MANIPUR
Department of Personnel & Administrative Reforms
(Personnel Division)

OFFICE MEMORANDUM
Imphal, 11th April, 2023

No. RRDP-30/1/2021-DP-DP: This is to reiterate that OM No.
RRDP-30/1/2021-DP-DP dated 16-08-2021 regarding
recruitments and declaration of results applies to all
State Government Departments and its agencies, PSUs,
companies, societies, autonomous bodies under the State
Government including Universities and institutes of
higher learning.

2. Any deviation therefrom, or violation thereof, will invite
adverse scrutiny of the Vigilance Department.

Sd/-
(Ningthoujam Geoffrey)

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 23 of 89
Special Secretary
Department of Personnel
Government of Manipur

[24] In the counter affidavits of the official respondents, it is averred
that the Registrar of the DMU sought the permission from the Department of
Personnel and Administrative Reforms, Govt. of Manipur for declaration of result,
but the same was not granted till the issuance of notification dated 29.02.2024.
Hence, declaration of result of the appointment to the post of 83 (eighty-three)
Assistant Professors by the then VC was without approval conveyed by the DP,
Govt. of Manipur and the 11th emergency Syndicate meeting held on 27.02.2024
was conveyed by the former VC without the knowledge of the Registrar, DMU.
The Registrar wrote a letter dated 30.03.2024 to the Joint Secretary (Higher &
Technical Education), Govt. of Manipur for requisite information on the DMU
notification dated 29.02.2024 for declaring 83 (eighty-three) Assistant Professors
by the former VC. [It may be noted that both the then Registrar, DMU and the
then Joint Secretary (Hr. & Tech. Education), Government of Manipur were one
and same person, i.e., Dr. Nivedita Lairenlakpam]. It is also stated that in terms
of the letter dated 30.03.2024, the Registrar, DMU, Manipur sent the Finance
Officer and 2 (two) assistant staff of the DMU to collect the tabulation sheets of
83 posts of Assistant Professor from the residence of Prof. N. Rajmuhon Singh,
former VC on 13.07.2024. The Finance Officer, DMU collected the data/tabulation
sheets from the former VC residence consisting of 22 (twenty-two) envelopes.
Thereafter, the said 22 envelopes were opened in presence of the 3 (three)
members, i.e., new VC, Registrar and Finance Officer on 13.07.2024 and the
same was opened in the office room of the Commissioner (Higher & Technical
Education), Govt. of Manipur (who is the new VC, DMU) for preparation of overall
merit list for the 22 (twenty-two) subjects. In the envelopes containing Physics
and Botany subjects, tabulation sheets were found as below:
Physics:
Sl. No. Sheet No. No. of candidates Present Absentees
i) 1 17 Blank Blank
ii) 2 21 Blank Blank
iii) 3 15 Blank Blank

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 24 of 89
Botany:

Sl. No. Sheet No. No. of candidates Present Absentees
i) 1 17 Blank Blank
ii) 2 21 Blank Blank
iii) 3 12 Blank Blank

[25] It is further submitted that the tabulation sheets of 53 (fifty-three)
candidates for Physics subject were found as blank and the tabulation sheets of
50 (fifty) candidates for Botany were also found as blank. Subsequently, due to
non-availability of the working-sheets in the envelopes, the overall merit for
Physics and Botany could not be prepared and the same was placed before the
Syndicate for final decision.

[26] The counter affidavits of the official respondents further mention
that the Registrar, Dhanamanjuri University Manipur issued a meeting notice
dated 18.07.2024 calling an Emergency Meeting of the Syndicate on 18th July,
2024 at the conference Hall of Dhanamanjuri University to discuss the declaration
of result of recruitment of various posts (Teaching and Non-Teaching). In the
emergency Syndicate meeting, the new VC, DMU requested the Syndicate to
consider the earlier notification dated 29.02.2024 appointing/recommending 83
(eighty-three) posts of Assistant Professor in 21 (twenty-one) subjects as null
and void, as the same was issued without approval of DP, Govt. of Manipur in
terms of OMs dated 16.08.2021 and 11.04.2023. The Syndicate accepted the
proposal of the new VC, DMU and declared the notification dated 29.02.2024
issued by former VC as null and void; also agreed to accept the earlier
recommendations made by the Selection Committee for appointment to the
teaching posts; and approved additional 60 (sixty) teaching posts in 16 (sixteen)
different subjects/departments excluding the subjects of Physics and Botany. In
respect of Physics and Botany, the data/tabulation sheets were allegedly found
blank and marks were not assigned against any of the candidates. The Syndicate,
after detailed deliberations, unanimously resolved to conduct fresh interview of
the candidates who were invited and came for the interview held earlier. It is
also stated that Statute 27(iv) of Second Schedule of the DMU Act, 2017
empowers the Syndicate to reject the recommendation of the Selection
WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 25 of 89
Committee and direct the Registrar to advertise the vacancy again and convene
a meeting of the Selection Committee for making fresh recommendation. Since
the Syndicate, in its emergency meeting held on 18.07.2024, considered the
materials on record and resolved to declare the notification dated 29.02.2024 for
declaration of result as null & void, there is no illegality in calling for fresh
interview for the subjects of Physics and Botany. Statute 27(iv) of DMU Act, 2017
empowers the Syndicate to reject the recommendation of the Selection
Committee. In its meeting held on 18.07.2024, the Syndicate considered the
materials on record and found that the declaration of the result vide notification
dated 29.02.2024 was without the approval of the DP, Govt. of Manipur and also
absence of tabulation sheets for Physics and Botany. It is highlighted that there
was no illegality in the cancellation of notification dated 29.02.2024 and issuing
fresh notification dated 19.07.2024 for fixing the fresh interview for the subjects
of Physics and Botany to be held on 30.07.2024 in pursuance to Resolution No.
2 of the Syndicate meeting held on 18.07.2024. It is also averred that Professor
Sumitra Phanjoubam, Department of Physics, Manipur University who was one
of the subject experts for Physics in the Selection Committee should be made as
a party in the present case. It is also stated that DMU has never sought
clarification from the subject expert about the tabulation sheet of Physics and
the letter submitted by the subject expert and explanation ought not be taken
by the Authority.

[27] It is stated in the counter affidavits that declaration of the result
dated 29.02.2024 by the former VC, DMU was done without the approval of DP,
Govt. of Manipur and Higher & Technical Education, Govt. of Manipur.
Considering the non-availability of marking and blank the tabulation/ data sheets
for Physic and Botany, the question of opportunity of being heard to the
petitioners and selected candidates is not required for cancellation of the
selection list issued by the former VC, DMU.

[28] Professor N. Rajmuhon Singh, who is respondent no. 4 in WP(C)
No. 501 of 2024 & WP(C) No. 633 of 2024 and former VC of DMU who issued
notification dated 29.02.2024, has also filed an affidavit-in-opposition (counter
affidavit) in WP(C) No. 501 of 2024 and the same is treated as his counter

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 26 of 89
affidavit in all the cases. He refers to Statutes 3 and 7 of Second Schedule of the
DMU Act, 2017 which stipulate the powers and duties of the VC & Registrar.
Statute 3(iii) confers upon the VC the power to convene meetings of the Senate,
the Syndicate and the Academic Council and shall perform all such acts as may
be necessary to carry out the provisions of the Act, the Statutes and the
Ordinances and Statute 7(iv) provides that the Registrar shall be the custodian
of the records, the common seal and such other properties of the University as
the Syndicate shall commit to his charge. It is stated that a letter dated
23.07.2024 was served on him by DMU for explanation with regard to the blank
data/tabulation sheets in Physics and Botany subjects. The former VC explained
the same by a letter dated 24.07.2024 to the VC in-charge, DMU. In para 13 of
the counter affidavit, the former VC has explained the whole procedure of
interview for the 22 (twenty-two) subjects including 2(two) subjects of Botany
and Physics. It further explains that the mark tabulation sheets/score-sheets for
the candidates of each subject were also made by the 3 (three) subject experts
after due evaluation, critically & honestly and the proceedings containing the list
of recommended candidates were signed by Selection Committee, the
corresponding mark tabulation-sheets were submitted to the former VC in sealed
envelope after the interview. Interview was conducted for the appointment of 88
(eighty-eight) posts of Assistant Professor in 22 (twenty-two) different subjects/
departments. While conducting the interview of the candidates for 6 (six)
subjects including Physics and Botany, one external expert for each of 6 subjects
participated via online mode. The former VC handed over the signed proceedings
and tabulation sheets to the then Registrar, Dr. Nivedita Lairenlakpam, for taking
required signatures of the concerned subject experts who participated online.
After obtaining the signatures from the subject experts, the then Registrar
returned the documents to the former VC and the same was kept in sealed
envelope inside almirah and retained with keys.

[29] The counter affidavit of the former VC continues that vide order
dated 08.02.2024 in W.P. (C) No. 790 of 2023, this Court directed the authority
of DMU to declare the result within the stipulated time of 4 weeks. Thereafter,
the 11th Syndicate Meeting was held on 27th February, 2024 and as per
Resolution No.2 of the proceedings of this 11th Syndicate meeting of DMU,

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approval was given for appointment of 83 (eighty-three) Assistant Professors of
the DMU in 21 (twenty-one) different subjects and the result was declared by
notification dated 29.02.2024. After his retirement, the result of remaining
1(one) subject was declared on 18th July 2024. It is submitted that in the
Syndicate meeting, the tabulation sheets (score-marks) are not usually shown to
the Syndicate members as it is highly confidential and the proceedings containing
the list of recommended candidates by the Selection Committee are produced
for approval in the Syndicate meeting and the same procedure is being followed
in all Universities. As per the DMU Act, the Registrar is the custodian of all the
aforesaid records. Since the service of the Registrar was not readily available at
the relevant as she was the in-charge of other Administrative Department, the
former VC retained the same and the proceedings, mark tabulation sheets of all
22(twenty two) subjects were subsequently returned to the Registrar for safe
custody. 'Para 13' of the affidavit-in-opposition of former VC, DMU is reproduced
below:

"13. That, with reference to paragraph No.11 of the writ petition,
the deponent has nothing to say and the same is matter of
record. However, the deponent desires to state that, regarding
absence of mark tabulation sheet, an office letter No.3/1/2018-
DMU/Rect/2020-1 dated 23/7/2024 was served to the deponent.
The deponent also explained by serving a letter dated 24/7/2024
and the same is reproduced as hereunder:-

"1. The lists of the recommended candidates based on
interview performance and assessed by selection
Committee/Board for the two subjects Botany and
Physics were made on 18/10/2021 and 19/12/2021
respectively.

The mark tabulation sheets/score-sheets for the
candidates of each subject were also made by the
three subject experts after due evaluation critically and
honestly.

And, the proceedings containing the list of
recommended candidates signed by Selection
Committee, and the corresponding mark tabulation-
sheets were submitted to me in sealed enveloped after
process of the interview.

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2. Altogether the selection/interview was done for the
appointment of 88 (eighty eight) post of Assistant
Professors for 22 (twenty two) different
subjects/departments.

While conducting the interview of the candidates for 6
(six) subjects, one each of subject expert participated
in online mode during COVID-19.

The said subjects are given below:

i) Anthropology (one expert from NEHU)

i) Botany (one expert from G.U)

ii) Chemistry (one expert from IACS)

iv) Physics (one expert from Dibrugarh
University)

v) Electronics (one expert from IIT, Guwahati)

vi) Law (one expert from Sambalpur University,
Odisha)

Subsequently, I handed over the Proceedings and
Tabulation-sheets of each of the above subjects to the
Registrar, Dr. Nivedita Lairenlakpam, entrusting her to
acquire the required signatures or the concerned
subject experts who participated online. After acquiring
the signatures, the then Registrar had returned the
same to my office. With the help of office assistant the
envelopes containing the documents were kept inside
almirah and retained the keys.

3. As per the direction of the Hon'ble High Court of
Manipur in W.P. (C) No. 790 of 2023 dated 08.02.2024
directing the authority of DM University to declare the
results within the stipulated time, the 11th Syndicate
Meeting was held on 27th February, 2024. As per
Resolution No.2 of the Proceedings of this 11"
Syndicate Meeting of Dhanamaniuri University, the
names of the selected candidates for the appointment
of 83 (Eighty three) Assistant Professors of the DMU in
21 (twenty one) different subjects had been declared.

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After my retirement, the remaining 1 subject was
declared on 18th July 2024.

4. It is submitted that, normally, in the Syndicate
Meeting, the Tabulation Sheets (score-marks) are not
shown to the Syndicate member as it is highly
confidential. And the proceedings containing the list
recommended candidates are produce for approval in
the Syndicate meeting. The same practice is followed
in other Universities of the country, also.

5. After the declaration of the result, it is expected that
any candidate may approach to the University
Authority to obtain the information through RTI Act. All
those records (Tabulation sheets score-marks) were
kept under lock and key till such period. I was
compelled to maintain those records due to non-
availability of any responsible person in the University.

6. As per the University Act, the Registrar is the
custodian of all the aforesaid records. Such records are
also maintained by me due to the non-availability of
Registrar's service in the office of the Vice-Chancellor
most of the time.

As the then Registrar of DM University is not only a
Registrar but also rendering her usual service in the
government departments: i) Director of Transport and
ii) Additional Secretary of Higher and Technical
Education.

7. Lastly, the proceedings and the Mark Tabulation
Sheets of all the 22 subjects had been returned to the
then Registrar, Dhanamanjuri University."

[30] In the rejoinder affidavits, the specific case of the petitioners is
that there is no provision of scoresheet or tabulation sheet to be produced before
the Syndicate meeting in DMU. The candidates are selected on the subjective
satisfaction of the Selection Committee on the basis of their performance in the
interview after shortlisting and the list of recommended candidates was based
on the performance of the candidates and on the collective satisfaction of the
Selection Committee. Further, the statement that the scoresheets and tabulation
sheets in Physics and Botany were found blank is contrary to the statement of

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subject experts namely Prof. Sumitra Phanjoubam and Prof. M. Shyamkesho
Singh. Vide letter dated 20.07.2024 (Annexure-A/16 in WP(C) No. 486 of
2024) to VC, DMU, Prof. Sumitra explained that the subject experts critically and
honestly evaluated the candidates and marks were given to the candidates. It
may be pertinent to mentioned here that another subject expert namely Prof.
Bosasnta Ranjan Boruah also stated vide email dated 21.10.2024 that during the
proceeding from 17th to 19th December, 2021 the board interviewed each
candidate elaborately and gave marks on the basis of assessment and merit list
was prepared on the basis of the final mark. Similarly, for the subject Botany,
Prof. M. Shyamkesho Singh (Retd.) of Department of Life Sciences, Manipur
University submitted a letter dated 06.06.2025 (Annexure-A/13 in WP(C) No.
633 of 2024) to the VC, DMU stating that he was one of the subject experts for
Botany for the interview held from 16.10.2021 to 18.10.2021. He along with 2
other subject experts conducted the evaluation of the candidates based on their
performance during the interview and scored the candidates according to their
merit and made recommendation for appointment as Assistant Professors in
Botany in DMU. It is also stated that the recommendation letter and
data/tabulation sheet were duly signed and submitted to Prof. N. Rajmuhon
Singh, the then Vice-Chancellor and the Chairman of the Selection Committee.
It is further stated by the subject experts that the clarification is given to clear
any doubt regarding the clarity of the Selection Process. In the rejoinder
affidavits, it is also explained that for the mistake committed by the University
and inability of the authority to maintain the scoresheets and tabulation sheets
submitted by the Selection Committee after declaration of the result with the
approval of the Syndicate, the University cannot cancel the selection process on
the grounds that scoresheets and tabulation sheets are found to be blank. After
acceptance of the recommendations of the Selection Committee by the Syndicate
in its 11th meeting held on 27.02.2024, the University cannot take a U-turn and
declare the notification dated 29.02.2024 as null and void after change of VC and
Syndicate members, as the same is barred by the principle of estoppel. It is also
stated that approval of DP, Govt. of Manipur is not required for declaring the
result of the selection process in accordance with the provision of the DMU Act,
2017 and there is no illegality in declaring the result of the selection process for

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appointment of Assistant Professor in DMU by notification dated 29.02.2024. It
is also stated that declaration of the result of the selection process was in
accordance with the direction of this Court in order dated 08.02.2024 in WP(C)
No. 790 of 2024 to declare the result of the recruitment process in pursuance to
the advertisement dated 19.12.2020.

[31] In the rejoinder affidavits of the petitioners, it is also stated that
the former VC called an emergency Syndicate meeting of DMU on 27.02.2024,
vide meeting notice dated 21.02.2024, to discuss the agenda for declaration of
result in compliance of direction of this Court in order dated 08.02.2024 in WP(C)
No. 790 of 2023 for declaration of result of Direct Recruitment of Assistant
Professors of Dhanamanjuri University within 4(four) weeks and a copy of the
notice dated 21.02.2024 was also marked to all concerned including the
Registrar, DMU. In the circumstances, the statement in the counter affidavit of
the official respondents that Registrar, DMU has no knowledge about the
Syndicate meeting held on 27.02.2024 is wrong and misleading. It is also stated
that the VC has power [under Statute 3(iii) appended to the DMU Act] to convene
meeting of the Syndicate and approval of the Registrar is not required for holding
such meeting. OM dated 16.08.2021 issued by DP, Govt. of Manipur did not
include University and it was included in the year 2023, vide OM dated
11.04.2023 and the same will not be applicable in the issuance of the notification
dated 29.02.2024 for selection of Assistant Professors initiated vide
advertisement dated 19.12.2020. It is further stated that the Syndicate is the
authority to accept or not to accept recommendation of the Selection Committee.
However, instead of submitting the records of the Selection Committee
proceedings before the Syndicate, the Registrar opened the same in the presence
of the in-charge VC, Registrar and Finance Officer without any authority. Such
action of the Registrar is seemed to have been done to nullify the
recommendation in respect of Physics and Botany with ulterior motive. Hence,
tampering of the contents of the envelope cannot be ruled out and there is no
requirement of placing the scoresheet or tabulation sheet before the Syndicate
either to accept or reject the recommendation of the Selection Committee. It is
also pointed out that before declaring the notification dated 29.02.2024 as null
and void and deciding to hold fresh interview in respect of Physics and Botany

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on the ground of blank tabulation sheet, the Syndicate ought to have remitted
the matter to the Selection Committee before declaring the same as null and
void. If the Syndicate is still not able to accept the recommendation submitted
by the Selection Committee after reconsideration, the Syndicate ought to have
placed the same by recordings its reason in writing before the Chancellor for
passing appropriate order in terms of Statute 27(v). The recommendation of the
Selection Committee had already been approved by the earlier Syndicate; and
after the change of the VC and members of the Syndicate, the aforesaid decision
of cancellation of notification dated 29.02.2024 was taken in total violation of the
provision of Statute 27(v) of the DMU Act, 2017. The decision of the Syndicate,
in its meeting held on 18.07.2024 declaring the notification dated 29.02.2024 as
null and void and to hold fresh interview in Physics and Botany, is liable to be
quashed on this ground alone. The former VC, who was the Chairman of the
Selection Committee has been impleaded as a party in some of the writ petitions
especially, WP(C) No. 501 of 2024 & WP(C) No. 495 of 2024. Hence, the burden
of marks awarded against the candidates by the subject experts cannot be
transferred to the petitioners and the University has to ascertain whether marks
were awarded against the candidates or not. It is alleged in the rejoinder
affidavits that scoresheets and tabulation sheets were intentionally made to
disappear by some vested interested party with ulterior motive. Since the reasons
mentioned in the cancellation of the notification dated 29.02.2024 declaring the
same as null and void cannot be sustained, it is stated that the decision of holding
fresh interview for Physics and Botany cannot be accepted. The view of the
subject experts about the marking to the candidates in Physics has been
deliberately concealed from this Court.

[32] For easy reference, the relevant provisions of the Dhanamanjuri
University Act, 2017 (Manipur Act No.9 of 2017; as amended by Manipur Act
No. 7 of 2023) and the Statute of the University as enumerated in Second
Schedule of the Act are reproduced below:-

Section 2(2). ...........

................................................

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Provided that subsequent creation of posts, both for teaching and non-teaching
faculties, in the Dhanamanjuri University shall be made by the appropriate
authority of the University.

SPONSORED

Section 2(3). The State Government of Manipur may make provisions for the
creation of the essential new posts as may be required for the newly established
Dhanamanjuri University.

Section 4. The University –

……………………………………..

(4) On the establishment of the University under the Act, the University shall
strictly adhere to the rules and regulations, norms and standards, procedures
and guidelines of the University Grants Commission (UGC) in respect of its
establishment and maintenance of standards in Universities and any such rules
and regulation, norms and standards, procedure and guidelines of the UGC
issued from time to time.

Section 10. Powers of the University – The University shall have the
following powers, namely;

………………………………………

(f) to create such teaching, administrative and other posts as the
University may deem necessary, from time to time, and to make
appointments thereto;

(g) to appoint or recognize persons as Professors, Associate Professors
or Assistant Professors or otherwise as teachers of the University.

Section 12. Chancellor of the University – (1) The Governor of Manipur shall
be the Chancellor of the University.

…………………………………………………

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(8) The Chancellor may by order in writing annul any proceeding of the
University which is not in conformity with this Act, the Statutes or the
Ordinances:

Provided that before making any such order, the Chancellor shall call
upon the University to show cause why such an order should not be made, and
shall consider the cause if any is shown within a reasonable time.

Section 13. Officers of the University – (1) The Chancellor shall be the Head
of the University and President of the Senate.

…………………………..

(3) There shall be a Vice-Chancellor, appointed in the manner provided
for in Section 14, who shall be the principal executive and academic
officer of the University and ex-officio Chairman of the Syndicate, the
Academic Council and Finance Committee and he shall, in absence of
the Chancellor, preside at any Convocation for conferring degrees and
also at any meeting of the Senate.

Section 14. Vice Chancellor of the University – (1) The Vice-Chancellor shall
be appointed by the Chancellor from a panel of not less than three persons who
shall be recommended by a Committee consisting of three members:

Provided that if the Chancellor does not approve of any of the persons so
recommended, he may call for fresh recommendations.

(2) The Committee under sub-section (1) of this section shall consist of a member
nominated by the Syndicate, a member nominated by the Chancellor and a
member nominated by the University Grants Commission:

Provided that the member nominated by the Syndicate shall be a person who is
not connected with the affairs of the University.

Provided further that the first Vice-Chancellor, who shall hold office for a term
not exceeding 3(three) years, shall be appointed by the Chancellor:

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Provided also that till the appointment of the first Vice-Chancellor, the
Administrative Secretary in-charge of the Department of Higher & Technical
Education, Government of Manipur shall be the ex-officio Vice-Chancellor of the
Dhanamanjuri University for a term not exceeding three years.

(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.

(4) The Vice-Chancellor may hold office for a term not exceeding five years from
the date on which he enters upon his office or until he attains the age of Seventy
years whichever is earlier, and shall, on the expiration of his term of office, be
ineligible for reappointment to the office:

Provided, that with the approval of the Chancellor, the Vice-Chancellor shall,
notwithstanding the expiration of his term, continue to hold his office until his
successor is appointed and enter upon his office up to a maximum period of one
year.

(5) Notwithstanding anything contained in the Act and the Statutes, the
Administrative Secretary in-charge of the Department of Higher & Technical
Education shall be ex-officio Vice Chancellor, if for any reason, the post of Vice
Chancellor and the Pro Vice-Chancellor remain vacant.

Section 15. Authorities of the University – The authorities of the University
shall be the Senate, the Syndicate, the Academic Council, the Schools of Studies,
the Finance Committee and such other authorities as may be declared by the
Statutes to be authorities of the University:

Provided that the constitution, power and functions of such other authorities as
may be declared to be authorities of the University, shall be as prescribed by the
Statutes.

Section 17. Syndicate – (1) The Syndicate shall be the principal
executive body of the University, and its constitution and the terms of office
of its members, powers and duties other than ex-officio members, shall be as
prescribed by the Statutes.

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(2) It shall be in charge of the general management; and administration including
the revenue and property of the University.

Section 20. Statutes – Subject to the provisions of this Act, the Statutes may
provide for all or any of the following matters, namely-

…………………………………….

(b) the appointment, powers and duties of the officers of the University in so far
as they are note provided for in the Act;

(d) the terms and conditions under which institutions may be associated with the
University;

Section 30: Removal of difficulties- If any difficulty arises in giving effect to
the provisions of this Act, the Government of Manipur may by an order published
in the Official Gazette, may make such provisions not inconsistent with the
purpose of this Act, as appear to it to be necessary or expedient for removing
the difficulty.

Second Schedule (See Section 20): The Statute of the University

Statute 3. Power and duties of Vice-Chancellor –

…………………………..

(iii) The Vice Chancellor shall have power to convene meetings of the
Senate, the Syndicate and the Academic Council and shall perform all
such acts as may be necessary to carry out the provisions of the Act,
these Statutes and the Ordinances.

……………………………

(v) If, in the opinion of the Vice-Chancellor, any emergency has arisen
which requires immediate action to be taken, the Vice-Chancellor shall
take such action as he deems necessary and shall report the same for

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approval at the next meeting to the authority which, in the ordinary
course, would have dealt with the matter:

Provided that if the action taken by the Vice-Chancellor is not approved by the
authority concerned, he may refer the matter to the Chancellor, whose decision
thereon shall be final:

Provided further that where any such action taken by the Vice-Chancellor affects
any person in the service of the University, such person shall be entitled to prefer,
within thirty days from the date on which he receives notice of such action, an
appeal to the Syndicate.

Statute 7. Registrar – (i) The Registrar shall be appointed by the Syndicate
and shall be a whole-time salaried officer of the University.

(iv) The Registrar shall-

(a) be the custodian of the records, the common seal and such other
properties of the University as the Syndicate shall commit to his
charge;

…………………………………………………..

(d) in an emergency, when the Vice-Chancellor, or any of the Pro Vice-
Chancellor, or the seniormost Dean in station is not available to act,
call a meeting of the Syndicate forthwith and take its directions for
carrying on the work of the University;

(f) perform such other duties as may be specified in these Statues, or prescribed
by the Ordinances or the Regulations or as may be required, from time to time,
by the Syndicate or the Vice-Chancellor.

Statute 12. Syndicate-

(i) The Syndicate shall consist of the following members, namely-

a. The Vice-Chancellor, ex-officio;

b. The Pro Vice-Chancellor, if any, ex-officio;

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c. The Administrative Secretary of Higher Education, Manipur or his
nominee;

d. Three Deans of School of Studies, of whom two shall be from Group I
and one from Group II; and once their tern as Dean is over, two shall
be from Group II and one from Group I, by rotation, according to
seniority. Group I and Group II shall comprise the following:

………………..

Statute 13. Powers of the Syndicate – Subject to the provisions of the Act,
these Statutes and Ordinances, the Syndicate shall, in addition to any other
powers vested in it, have the following powers namely:-

(i) to appoint such Professors, Associate Professors, Assistant
Professors and other members of the teaching staff as may be
necessary, on the recommendations of the Selection Committees
constituted for the purpose, and to provide for filling temporary
vacancies therein;

(ii) to fix the emoluments and define the duties and conditions of service of
Professors, Associate Professors, Assistant Professor and other members of the
teaching staff;

………………………………..

Statute 26. University Teachers –

(i) Teachers of the University shall be of two classes, namely

(a) Appointed teachers of the University;

(b) Recognised teachers of the University.

(ii) Appointed teachers of the University shall either-

(a) employees of the University paid by the University and
appointed by the Syndicate as Professors of Eminence,
Professors, Associate Professors or Assistant Professors or
otherwise as teachers of the University, or

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(b) persons appointed by the Syndicate as Honorary Professors, Emeritus
Professors, Associate Professors or Assistant Professors or otherwise
as teachers of the University.

(iii) Recognized teachers of the University shall be the members of the staff of
a recognized institution other than an institution maintained by the
University;

Provided that no such member of the staff shall be deemed to be a
recognized teacher unless he is recognized by the Syndicate as a
Professor, Associate Professor or in any other capacity as a teacher of the
recognized institution.

…………………………………………

(ix) No person shall be appointed or recognized as a teacher of the
University except on the recommendation of a Selection
Committee constituted for the purpose.

Statute 27. Selection Committee of Teachers –

(i) There shall be Selection Committees for making recommendations to the
Syndicate for appointments to the posts of Professors, Associate Professors and
Assistant Professors.

(ii) The Selection Committee shall be as follows:

(a) For Assistant Professor and Associate Professor –

i) The Vice-Chancellor, in his absence, the Pro Vice-Chancellor, as
the Chairman of the Selection Committee;

ii) One nominee of the Chancellor;

iii) The Head of the Department concerned;

iv) Three outside experts in the subject to be invited out of the list
approved by the Syndicate.

The quorum shall be four, of which at least two outside subject-experts
should be present.

(b) For Professor –

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i) The Vice-Chancellor, in his absence, the Pro Vice-Chancellor, as
the Chairman of the Selection Committee;

ii) One nominee of the Chancellor;

iii) The Head of the Department concerned;

iv) Three outside experts in the subject to be invited out of the list
approved by the Syndicate.

At least five members, where the University has a Pro Vice-
Chancellor, or four members otherwise, including two outside
experts shall constitute the quorum. Both the Vice-Chancellor and
the Pro Vice-Chancellor are members.

Weightage should be given to the experts’ opinion.

(iii) The procedure to be followed by a Selection Committee in making
the recommendation shall be laid down in the Ordinances.

(iv) If the Selection Committee recommends to the Syndicate
the name of one person only and that person is not acceptable to
the Syndicate, the Syndicate shall record its reasons in writing
for not accepting the recommendation and direct the Registrar
to advertise the vacancy again and convene a meeting of the
Selection Committee for making fresh recommendations, and in
so doing, communicate to every member of the Selection
Committee the reason recorded above.

(v) If the Syndicate is unable to accept any recommendation
made by the Selection Committee, it may remit the same to the
Selection Committee for reconsideration and if the difference is
not resolved, the Syndicate shall record its reasons and submit
the case to the Chancellor for orders.

[33] Mr. HS Paonam, learned sr. counsel for the petitioners in WP(C)
No. 510 of 2024 and WP(C) No. 495 of 2024, submits that the approval of the
DP, Govt. of Manipur is not required. He draws attention of this Court to the
provisions in DMU Act, 2017 (Manipur Act No. 9 of 2017) – Section 12(8)
empowers the Chancellor to annul any proceeding of the University which is not
in conformity with the Act, Statutes or the Ordinances; Section 13 provides that
the Chancellor (Governor of Manipur) shall be the Head of the University and

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President of the Senate; Section 14(3) specifies that the Vice Chancellor is the
whole time officer of the University; and Section 17 stipulates that Syndicate is
the principal executive body of the University. Learned senior counsel also refers
to the Second Schedule of the Act (the Statute of the University). Statute 3(iii)
empowers the VC to convey meeting of the Senate, the Syndicate and the
Academic Council and under Statute 3(v) also to call emergency meeting. Statute
7 provides that Registrar is the custodian of the records, the common seal and
other properties in the University as the Syndicate may provide from time to
time. Statute 13(i) of the DMU Act empowers the Syndicate to appoint Professor,
Associate Professor, Assistant Professor and other members of the teaching staff
on the recommendation of the Selection Committee constituted for the purpose.
Statute 27 prescribes the composition of the Selection Committee for making
recommendations to the Syndicate for appointment of the post of Professor,
Associate Professor and Assistant Professor. In case of appointment for the post
of Assistant and Associate Professor, the Selection Committee consists of – (i) VC
in his absence, the Pro VC as the Chairman of the Selection Committee, (ii) 1
nominee of the Chancellor, (iii) Head of the Department concerned, (iv) 3 outside
subject experts in the subject to be invited out of the list approved by the
Syndicate and the quorum shall be four, of which at least 2 outside subject
experts should be present. Under Statute 26(ix), the Selection Committee shall
recommend names for appointment as teacher in DMU including for the post of
Assistant Professor. Statute 27(iv) provides that if the Selection Committee
recommends only one person and the same is not acceptable to the Syndicate,
the Syndicate shall record the reasons in writing for not accepting the
recommendation and shall direct the Registrar to advertise the vacancy again
and convene meeting of the Selection Committee for making fresh
recommendation. Statute 27(v) deals with a situation when the Syndicate is
unable to accept recommendations (multiple candidates as opposed to single
person) made by the Selection Committee, it may remit the same to the Selection
Committee for reconsideration and if the difference is still not resolved, the
Syndicate shall record its reason and submit the case to the Chancellor for
passing appropriate order. Learned senior counsel has emphasized that Section
12(8) of the Act authorizes the Chancellor only to annul any proceedings of the

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 42 of 89
University; and on co-joint reading of Statutes 27(iv) & (v) of DMU, the Syndicate
does not have such power in situation where the Selection Committee has
recommended multiple candidates for appointment.

[34] On referring to the above-mentioned provisions of the Act and
Statutes of the DMU, Mr. HS Paonam, learned sr. counsel for the petitioners
submits that the Dhanamanjuri University is an independent statutory body
established under the DMU Act, 2017. As per Section 10(g) of the DMU Act, the
University has the sole power to appoint or recognize persons as Professors,
Associate Professors or Assistant Professors or otherwise as teachers of the
University and the appointment of the teaching staff. Under Statute 13(i) of the
Second Schedule appended to the Act, the Syndicate has the power to appoint
Professors, Associate Professors, Assistant Professors and other members of the
teaching staff on the recommendations of the Selection Committee.

[35] Learned sr. counsel for the petitioners emphasizes that it is the
Chancellor only who can annul any proceeding of the University including the
recommendations made by the Selection Committee for appointment to the posts
of Assistant Professor in exercise of the power under Section 12(8) of the DMU
Act. In short, it is submitted that the approval of the Department of Personnel,
Govt. of Manipur or Department of Higher and Technical Education, Govt. of
Manipur is not contemplated in the DMU Act and Statutes. It is also clarified that
the OMs dated 16.08.2021 and 11.04.2023 will not be applicable in the case of
recruitment and appointment of teaching and non-teaching staff in DMU, as the
executive instructions cannot overwrite the provision of the DMU Act, 2017 and
Statutes. Section 10(g) and Statute 13(i) of DMU Act vest the exclusive power to
appoint teachers to the University and Syndicate alone and such power has not
been delegated to any authority outside the University. It is stated that the main
reason for cancellation of the notification dated 29.02.2024 as null and void by
the resolution no. 2 of the emergency Syndicate meeting held on 18.07.2024, is
on the ground of non-approval by the DP, Govt. of Manipur in terms of the OMs
dated 16.08.2021 and 11.04.2023. It is urged that such decision cannot be
sustained, as the OMs cannot transgress upon the provisions of the Act. The
decision of the Syndicate in its emergency meeting held on 18.07.2024 to declare

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the notification dated 29.02.2024 as null and void, is liable to be set aside only
on this ground.

[36] Mr. HS Paonam, learned sr. counsel further submits that with
regard to the alleged blank data/tabulation sheets for Physics and Botany, it is
stated that the respondents have not denied the contents of the affidavit-in-
opposition filed by the former VC, Prof. N. Rajmuhon [R-4]. It is the specific case
of the former VC that under Statutes 3(iii) & (iv) of the Second Schedule of the
Act, the VC has power to convene meeting and also emergency meeting of the
Syndicate which requires immediate action. For convening meetings of the
Syndicate and the Academic Council, VC does not require permission of the
Registrar. The former VC specifically stated that interview was conducted for
appointment of 88 (eighty-eight) posts of Assistant Professor for 22 (twenty-two)
different subjects/departments including Botany and Physics. The interview was
conducted on 18.10.2021 and 19.12.2021. For 6 subjects, i.e., Anthropology,
Botany, Chemistry, Physics, Electronics & Law, 1(one) subject expert each
participated via online mode during Covid-19 period and the signed proceedings
and tabulation sheets of each subject were handed over to the Registrar, Dr.
Nivedita Lairenlakpam to obtain the signatures of the concerned subject experts
who participated online. After getting the signatures, the then Registrar returned
the same to the office of the former VC and the same was kept in envelope. At
that time, the Registrar did not point out that the tabulation/score sheets of
Physics and Botany subjects were blank at the time of collecting signatures from
the outside subject experts participated online. As per the direction of this Court
in order dated 08.02.2024 in WP(C) No. 790 of 2023 to declare the result within
4(four) weeks, the 11th Syndicate meeting was held on 27.02.2024 and as per
resolution no. 2 of the meeting, the names of the 83 (eighty three) Assistant
Professors for 21 (twenty- one) different subjects were declared and after his
retirement, 1 (one) subject was declared on 18.07.2024. In the counter affidavit
of former VC Prof. N. Rajmuhon, it is also stated that in the Syndicate meeting,
tabulation sheets/score sheets are not usually shown as it is highly confidential
and the recommended candidates are produced for approval in the Syndicate
meeting.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 44 of 89

[37] Mr. HS Paonam, learned sr. counsel for the petitioners submits
that the respondents have not denied the contents of the affidavit of the former
VC where, it is stated that the concerned Registrar was entrusted to take
signature on the tabulation sheets for the subject experts who joined online. It
may be noted that 1(one) subject expert for Botany and Physics also joined
online and the Registrar was deputed for obtaining signatures of the online
subject experts including Botany and Physics on the signed proceedings and
tabulation sheets of the subjects and the same were submitted by the then
Registrar to the then VC after obtaining necessary signatures. At that time, the
Registrar never stated that the tabulation sheets of Botany and Physics were
blank. If that be so, she (the Registrar) could have flagged this issue in the
meeting of the Syndicate held on 27.02.2024 for declaration of the result vide
notification dated 29.02.2024 or otherwise earlier. It is also stated that the
allegation of blank tabulation sheets for Physics and Botany was contrary to the
Facebook post of the Raj Bhavan, Manipur in the month of July, 2024, where,
the subsequent in-charge VC, H. Gyan Prakash explained to Hon’ble Governor
that the tabulation sheets submitted by the examination authority was
incomplete listing only 4 candidates each for Botany and Physics where 11 and
13 posts were needed to be fill-up respectively.

[38] Mr. HS Paonam, learned sr. counsel for the petitioners relies on
the following case laws in support of his argument:

1. National Institute of Mental Health and Neuro Sciences -vs- Dr.
K. Kalyana Raman and Others; 1992 Supp (2) SCC 481 at para 7 –

“There is no rule or regulation brought to our notice requiring the
Selection Committee to record reasons. In the absence of any legal
requirements the selection made without recording reasons cannot be fault
with”

2. Naseem Banu (SMT) -vs- State of U.P And Others; 1993 Supp
(4) SCC 46 at para 9-

“Averment made in writ petition not controverted by the
respondents, held, should be presumed to have been admitted”

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 45 of 89

3. Kusheshkwar Prasad Singh -v- State of Bihar And Ors; (2007)
11 SCC 447 at paras 13 to 16-

“Nullus Commodum capere potest de injuria sua propria”, No man
can take advantage of his own wrong

4. Ratan Kumar Tandon & Others -vs- State of U.P; (1997) 2 SCC
161 at para 12

“Administrative instructions do not have any overriding effect on
operations of statutory provisions or the law of the land as laid down by
Supreme Court”

5. Union of India and Others -vs- N. Murugesan & Others; (2022)
2 SCC 25 at paras 26 & 27-

“Approbate and reprobate”. “No party can be allowed to accept and reject
the same thing, and thus one cannot blow hot and cold”

6. Joint action Committee of Air Line Pilots’ Association of India 7
Ors.; (2011) 5 SCC 435 at para 26-

“No other person, even a superior authority, can interfere with
the functioning of the statutory authority”

7. Babu Verghese And Others -v- Bar Council of Kerala And Others;
(1999) 3 SCC 422 at para 31-

“It is the basic principle of law settled that if the manner of doing
a particular act is prescribed under any statue, the act must be done in that
manner or not at all”

8. Union of India -v- Sadhana Khanna; (2008) 1 SCC 720 at para
11-

“Mistake on their part”

9. State of U.P. and Ors. -v- Mahesh Narain; (2013) 4 SCC 169.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 46 of 89

[39] In conclusion, Mr. HS Paonam, learned sr. counsel for the
petitioners, relying on the ratio of the decisions cited above, has summed up that
the cancellation of the notification dated 29.02.2024 is without any basis. The
Registrar was duly informed for the 11th Syndicate meeting to be held on
27.02.2024 by a notice dated 21.2.2024 and the subsequent allegation of blank
tabulation/score sheets for Physics and Botany was not raised at the time of
obtaining signatures of the subject experts participated in the interview online.
At most, the allegation of missing tabulation/mark sheets for Physics and Botany
might be manipulation at a later stage with ulterior motives. The VC does not
need permission of the Registrar to call for emergency meeting by the Syndicate
and declaration of the result, vide notification dated 29.02.2024, was issued on
approval of the recommendations of the Selection Committee by the Syndicate,
in compliance of the direction of this Court in order dated 08.02.2024 in WP(C)
No. 790 of 2023 to declare the result within 4(four) weeks. If the notification
dated 29.02.2024 was considered to be void ab initio by the Syndicate in its
meeting held on 18.07.2024, then the notification dated 18.07.2024 declaring
result with additional post without holding any fresh interview would also be void.
By the doctrine of approbate and reprobate, the authority cannot accept one part
and reject another part of the same thing at the same time. The reason for
rejection of the notification dated 29.02.2024 is for non-approval from the DP,
Govt. of Manipur. The sole ground for rejection of the notification dated
29.02.2024 cannot be sustained, as the executive instructions cannot overwrite
the statutory provisions where the University does not require the approval of
the State Government for declaration of result of recruitment of teachers. Under
the DMU Act, 2017, the University, especially the Syndicate, is the competent
authority to appoint any officer including teaching faculties and approval of the
State Govt. is not required. It is also submitted that since the result of notification
dated 29.02.2024 is in toto included in the subsequent notification dated
18.07.2024 (except for Physics & Botany subjects, as per the additional affidavit
dated 20.08.2025 filed by the Registrar DMU), the exclusion of the candidates
for Physics and Botany subjects who have been selected by notification dated
29.02.2024, cannot be sustained in the eye of law. It is prayed that the
notification dated 18.07.2024 may be modified by directing the respondents to

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 47 of 89
include the result of Botany and Physics subjects declared vide notification dated
29.02.2024. The plea of the absence of the mark sheet is after thought and
somebody might have manipulated the same for ulterior motive. The candidates
cannot be made to suffer for lapse of the authority in maintaining the
examination record after declaration of result.

[40] Mr. M. Nabaghanashyam along with Mr. H. Kenajit, learned
counsel for the petitioner in WP(C) No. 486 of 2024 submits that the petitioner
is one of the 4(four) candidates selected for Physics subject by notification dated
29.02.2024. The main prayer in this writ petition is for setting aside the
notification dated 19.07.2024 calling for fresh interview for Physics and Botany
subjects and also setting aside of the notification dated 18.07.2024 which
declared notification dated 29.02.2024 as void being issued without the approval
of the State Govt. (DP, Govt. of Manipur). The petitioner also filed an application
being MC(WP(C)) No. 713 of 2024 for amendment of the prayer in the writ
petition by inserting ‘prayer no. (ii) A, B & C’ for setting aside addendum dated
18.07.2024; for setting aside ‘para no. 7’ of the notification dated 18.07.2024
and for setting aside minutes of the emergency Syndicate meeting held on
18.07.2024. It is stated that the application being MC(WP(C)) No. 713 of 2024
has not been denied or disputed by the respondents by filing reply and as such,
it amounts to admission of the contentions made in the application and the
amendment be deemed to be allowed.

[41] Mr. M. Nabaganashyam, learned counsel for the petitioner
submits that as per Sections 10 (f) & (g) of the DMU Act, 2017, the University
shall have power to create such teaching, administrative and other posts as the
University may deem necessary, from time to time, and to make appointment
thereto and also to appoint or recognize persons as Professor, Associate
Professor, Assistant Professor or otherwise as teachers of the University. As per
Section 17, the Syndicate shall be the principal executive body of the University
and is in charge of the general management and administration of the University.
Section 20 (b) of the Act prescribes the Statutes which provides for appointment,
powers and duties of the officer of the University. Section 14(1) provides that
Chancellor may appoint Vice Chancellor from a panel on the recommendation of

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 48 of 89
the Selection Committee. The Second Schedule is the Statute of the University
framed under Section 20 of the DMU Act. Statute 3 of the Act prescribes the
powers and duties of the VC. Statute 3(iii) VC empowers VC to convene meeting
of the Senate Syndicate and academic counsel and Statute 3(v) confers power
to do any action to be done in emergency. The power of Registrar is defined in
Statute 7 and the Registrar is the custodian of the records of the University and
perform such other duties as specified in the Statute or prescribed by the
Ordinances or the Regulations or as may be required from time to time by the
Syndicate or the VC. Statute 13 prescribes the power of the Syndicate which
includes power to appoint Professors, Associate Professors, Assistant Professors
and other members of the teaching staff, as may be necessary, on the
recommendations of the Selection Committees. Section 4 (iv) of the DMU Act
stipulates that on establishment of the University under the Act, the University
shall strictly adhere to the rules & regulations, norms and standards, procedures
and guidelines of the UGC and in respect of the establishment and maintenance
of standards in the Universities. Statute 27(i) of the Act prescribes for Selection
Committee for making recommendations to the Syndicate for appointments to
the posts of Professors, Associate Professors and Assistant Professors and in
terms of Statute 26(ix), no person can be appointed as teacher of the University
without the recommendation of the Selection Committee. Statute 27(v) provides
that if the Syndicate is unable to accept recommendation made by the Selection
Committee, it may remit the same to the Selection Committee for
reconsideration; and if the difference is not resolved, the Syndicate shall record
its reasons and submit the case to the Chancellor for order and Section 12(8) of
the DMU Act empowers the Chancellor only to annul any proceedings of the
University including the one referred in terms of Statute 27(v).

[42] Relying on the above provisions of the DMU Act and Second
Schedule (i.e., the Statute framed under Section 20 of the Act), Mr. M.
Nabaghanashyam, learned counsel for the petitioner emphasizes that the
University is an independent statutory authority and it has full right of
appointment of teaching faculty including Professors, Associate Professors and
Assistant Professors and the appointment is made by the Syndicate on approval
of the recommendations of the Selection Committee constituted under Statutes

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 49 of 89
26(ix) & 27 of the Act. Learned counsel for the petitioner further submits that
the Syndicate has no power to cancel the multiple-candidates recommendation
of the Selection Committee and it can refer the matter to the Selection
Committee for reconsideration and if the difference is not resolved, the matter
has to be referred by the Syndicate to the Chancellor under Statute 27(v). As per
Section 12(8) of the DMU Act, it is the sole power of the Chancellor only to annul
any proceedings of the University. It is the core submission of Mr. M.
Nabaghanashyam, learned counsel for the petitioner that the decision of the
emergency Syndicate meeting held on 18.07.2024 declaring the notification
dated 29.02.2024 appointing the petitioners and others as Assistant Professors
in terms of earlier Syndicate meeting held on 27.02.2024 as void, is illegal and
without any authority & jurisdiction. It has been pointed out that the Syndicate
does not have any power to annul any proceeding of the University, as the same
is the exclusive power of the Chancellor alone in terms of the provisions of the
Section 12(8) of the DMU Act, 2017. At most, the Syndicate has the power to
refer the matter to the Chancellor for orders if the difference between the
Selection Committee and Syndicate cannot be resolved. It is also submitted that
the University does not require any prior approval from the State Govt. especially
DP, Govt. of Manipur for appointment of the staff including the teaching faculty.
The proceedings of the emergency Syndicate meeting held on 18.07.2024
recommending the earlier notification dated 29.02.2024 as null and void due to
absence of prior approval from the State Govt. (DP, Govt. of Manipur) in terms
of the OMs dated 16.08.2021 and 11.04.2023, cannot be sustained for the simple
reason that the executive direction cannot overwrite the provisions of the DMU
Act, Statutes and Ordinances. In the notification dated 18.07.2024, the
recommendation in earlier notification dated 29.02.2024 is included in toto
(except for Physics and Botany subjects) without conducting any fresh interview.
Mr. M. Nabaghanashyam, learned counsel for the petitioner submits that the
earlier recommendation made by notification dated 29.02.2024 still holds good
and the authority cannot pick and choose one part of the same notification and
reject another part, as such act is barred by the principle of approbate or
reprobate. The learned counsel for the petitioner further submits that the plea
of the absence of the tabulation/mark sheet and non-assessment of candidates

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for the Physics and Botany subjects, cannot be sustained as the authority did not
deny the averment of the former VC Prof. N. Rajmuhon Singh to the fact that
the Selection Committee assessed all the candidates. It is stated that all the
proceedings of the Selection Committee including the tabulation/mark sheets
were signed by the members of the Selection Committee physically present and
for 6(six) subjects including Botany and Physics. The former VC has entrusted to
the Registrar the assignment of collecting the signature of the experts
participated via online mode on the proceedings and tabulation sheets and the
Registrar (same person at the time of issuing notification dated 29.02.2024 and
notification dated 18.07.2024) after obtaining the signatures of the subject
experts participated via online mode, submitted the same to the former VC. At
no point of time, the Registrar reported to the VC or to any other authority about
the missing tabulation/data sheets and non-assessment of candidates for the
subject of Physics and Botany. The subject experts in Physics (one attended
physically and another via online) informed that after considering the
performance of the candidates, the Selection Committee accessed all the
candidates appearing in the interview and made recommendations and this fact
is not at all denied by the University. The result, vide notification dated
29.02.2024, was declared as the Syndicate in its meeting held on 27.02.2024,
approved the recommendations made by the Selection Committee. The
allegation of the University in the proceeding dated 18.07.2024 that the
tabulation/score sheet of the candidates appearing in Physics and Botany were
blank and it cannot be a ground for cancelling the earlier notification dated
29.02.2024. It is submitted that for the failure and mistake of the Registrar or
authority of the University to preserve the record of the examination after
declaration of result vide notification dated 29.02.2024, the candidates shall not
be made to suffer for the lapses on the part of the University. Perhaps the
tabulation/score sheets of these 2(two) subjects may be misplaced or somebody
might have manipulated and it is a subject matter of enquiry initiated by the
University. The learned counsel for the petitioner has also pointed out that the
plea of the Registrar that her permission was not taken to convene the Syndicate
meeting held on 27.02.2024, is baseless and unsustainable as she was duly
informed by the meeting notice dated 21.02.2024 issued by the former VC for

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convening an emergency meeting of the Syndicate to declare the result in terms
of the direction of this Court. It is also pointed out that under Statutes 3(iii) &

(v) of the Second Schedule of the Act, VC has the power to convene meeting of
the Senate, Syndicate and Academic Council of the University and does not
require any permission from the Registrar. It is submitted that Registrar is an
officer subordinate to the VC. It is further submitted that issuance of fresh
notification dated 18.07.2024 by illegally cancelling the earlier notification dated
29.02.2024, amounts to non-compliance of the order dated 08.02.2024 passed
by this Court in WP(C) No. 790 of 2024 on consent of the parties for declaration
of the result within 4(four) weeks. Mr. M. Nabaghanashyam, learned counsel for
the petitioner relies on the following case laws:

1. Manoj Kumar vs. Union of India & Ors. in Civil Appeal No 2679
of 2024 (SC) – stating that it is the primary duty of the constitutional
courts remains the control of power, including setting aside the
administrative actions that may be illegal or arbitrary and to address the
injurious consequences arising out of illegal actions of the authority.

2. Mohinder Singh Gill vs The Chief Election Commissioner, New
Delhi AIR 1978 SC 851 at para 8 – when a statutory functionary
makes an order based on certain grounds, its validity must be judged by
the reasons so mentioned and cannot be supplemented by fresh reasons
in the shape of affidavit or otherwise. Otherwise, an order bad in the
beginning may, by the time it comes to court on account of a challenge,
get validated by additional grounds later brought out.

3. Vashist Narayan Kumar vs State of Bihar, 2024 AIR(SC) 248
at para 25 – High Court would be within its jurisdiction to mould the
relief, if moulding of relief would do complete justice and justice cannot
be forsaken on the altar of technicalities.

4. Dwarka Nath vs Income Tax Officer, Special Circle, AIR 1966
SC 81 at para 4 – High Courts can also issue directions orders or writs
other than the prerogative writs. High Courts to mould the reliefs to the
peculiar and complicated requirements of this country.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 52 of 89

[43] Mr. Ajoy Pebam, learned counsel for the petitioners in WP(C) No.
633 of 2024 submits that the 2(two) petitioners’ names were included in the
4(four) candidates recommended for the post of Assistant Professors in Botany
by notification dated 29.02.2024. The learned counsel adopts the submissions of
Mr. HS Paonam, learned sr. counsel and Mr. M. Nabaghanashyam, learned
counsel for the writ petitioners in connected writ petitions. Mr. Ajoy Pebam,
learned counsel further submits that the selection process was initiated on
recommendation made by the Selection Committee and the resolution of the
Syndicate meeting held on 27.02.2024 approved the recommendation made by
the Selection Committee and select list was issued vide notification dated
29.02.2024. In case of difference of opinion between the Syndicate and the
Selection Committee, learned counsel for the petitioners submits that the
Syndicate cannot cancel the recommendation made by the Selection Committee
and the power lies to the Chancellor. In such situation of difference of opinion
between the Syndicate and Selection Committee and as stipulated by Statute 27

(v) of the Act, the Syndicate has to submit the same, with reasons to be
recorded, to the Chancellor for order and it is only the Chancellor who is powered
under Section 12(8) of the DMU Act to annul any proceeding of the University
and to take a decision. Hence, the proceedings of the emergency meeting of the
Syndicate held on 18.07.2024 in resolution no. 2 for declaring earlier
recommendation vide notification dated 29.02.2024 as null and void and also
‘para no. 7’ of the notification dated 18.07.2024 for holding fresh interview for
the Physics and Botany subjects are void ab initio, as the Syndicate does not
have such power. It is also reiterated that under the Act, Statutes and Ordinance,
the DMU is an independent statutory body and the Act does not prescribe any
requirement of taking any prior approval from the State Government for
appointment of teaching and non-teaching employees of the University. The
learned counsel for the petitioner has also referred to letter dated 06.06.2025
issued by one of the subject experts in Botany to the VC, DMU (Annexure-

A/13 in WP(C) No. 633 of 2024), wherein it has been stated that the
Selection Committee including the subject experts evaluated the candidates for
the subject of Botany and made their recommendation for appointment of
Assistant Professor, DMU based on the mark obtained by the candidates. The

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learned counsel for the petitioner submits that this letter dated 06.06.2025 is not
denied or controverted by the respondents. In the circumstances, the plea of
blank tabulation/scoresheet for the Botany subject is also not tenable at all. The
former VC has already stated that the Registrar was assigned the duty of
collecting signatures of the subject experts participated via online mode on the
signed proceeding of the Selection Committee and the tabulation sheet and after
obtaining the signatures of the subject experts participated via online, the
documents were submitted by the Registrar to the former VC. At that time, the
Registrar (same person at the time of issuing both the notifications dated
29.02.2024 & 18.07.2024) did not inform about the missing tabulation sheet to
any authority of the University including the former VC. It is reiterated that at
the time of declaration of the result vide notification dated 29.02.2024, there
were tabulation sheets and other relevant documents of proceedings for the
subject of Botany and the candidates shall not be made to suffer for the lapse of
the authority of the University especially the Registrar who was unable to
maintain the records of the examination after declaration of the result vide
notification dated 29.02.2024. It is admitted by the University in its additional
affidavit dated 20.08.2025 that the total numbers of seat available for fresh
interview vide notification dated 19.07.2024, as on date for Botany are ‘4’
(advertised) & ‘7’ (additional) and for Physics are ‘4’ (advertised) & ‘9’
(additional), as per Advertisement No.3/2020 dated 19.12.2020. It is also
admitted in the additional affidavit that all the candidates selected vide
Notification dated 29.02.2024 were in toto included in the list of candidates
selected by Notification dated 18.07.2024 except for Botany and Physics
subjects. It is also stated in the additional affidavit that 60 more candidates in
16 subjects were also approved by the proceedings of emergency Syndicate
meeting held on 18.07.2024 on the basis of earlier interview and without
conducting fresh interview. The appointments for additional seats is challenged
before this Court in WP(C) No. 691 of 2024 and the same is pending for disposal.

[44] Mr. Ajoy Pebam, learned counsel for the petitioners has
emphasized that the social media post of the Raj Bhavan, Manipur, i.e., about
incomplete recommendation of only 4(four) posts each in Botany and Physics
while the requirement is 11 & 13 posts, has not been denied by the University

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and it is contrary to the stand of the University that tabulation/score sheet of the
candidates appearing in Botany and Physics subjects were missing. The whole
recommendation of notification dated 29.02.2024 has been in toto repeated in
notification dated 18.07.2024 except for Physics and Botany and it is submitted
that excluding Physics and Botany from notification dated 18.07.2024 is barred
by the principle of approbate and reprobate. It is also stated that before
cancelling the notification dated 29.02.2024, no notice or opportunity of being
heard is provided to the affected candidates. It is pointed out that Joint Secretary
(Higher & Technical Education), Government of Manipur has filed common and
single counter affidavits in all writ petitions on behalf of the State as well DMU
and officer of the State Government is not competent to swear affidavit on behalf
of the University, which is an independent statutory body. The learned counsel
for the petitioners cited the following case laws:

(i) Principle of Natural Justice:

1. (1969) 2 SCC 262; A.K. Kraipak and others. -Vs- U.O.I. and others (Para No.

20).

2. (1987)4 SCC 431; K.I. Shephard and others. -Vs- U.O.I. and others (Para Nos.

12 to 15).

3. (2007)3 SCC 587; State of Maharashtra -Vs- Public Concern for Governance
Trust and others (Para Nos. 39 to 41).

(ii) No Counter filed, averments made in Writ Petition deemed to be
admitted:

1. 1993 Suppl. (4) SCC 46; Naseem Bano (Smt.) – Vs- State of U.P. and others
(Para No. 9).

2. (1997) 6 SCC 282; Bir Singh Chauhan – Vs- State of Haryana and another
(Para No. 4)

3. 2001 (3) GLT 262; Rejia Khatun -Vs- State of Assam and others (Para No. 2)

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 55 of 89

4. 2008 (1) GLT 278; Maibam Rajbihari Singh – Vs- State of Manipur and others
(Para No. 18).

(iii) Counter Affidavit filed by the incompetent person cannot be
accepted:

1. (1982)3 SCC 320; Munna Tuin -District Magistrate, Lucknow and others.

(iv) No power to exercise unless such power exists in Law:

1. (1985) 3 SCC 398; Union of India and another -Vs- Tulsiram Patel (Para No.

126).

(v) Principle of Approbate and Reprobate:

1. (2022) 2 SCC 25; Union of India and others -Vs- N. Murugesan and others
(Para Nos. 26 and 27).

(vi) Office Memorandum cannot amend or supersede statutory rules
and the Order must be passed by the authority after due application of
mind:

1. (2013) 16 SCC 147; Union of India and Another -Vs- Ashok Kumar Aggarwal
(Para Nos. 58 to 62).

[45] In conclusion, Mr. Ajoy Pebam, learned counsel for the petitioners
in WP(C) No.633 of 2024 submits that the impugned notification dated
18.07.2024 be set aside directing the respondents to include the name of the
petitioners in the list of selected candidates and direct to publish a fresh
notification for inclusion of the name of the petitioners as selected for the posts
of Assistant Professor in Botany.

[46] Mr. M. Hemchandra, learned sr. counsel for the petitioners in
WP(C) No.728 of 2024 & WP(C) No.580 of 2025 submits that the petitioners who
appeared in the interview/viva-voce, are unsuccessful candidates and their
names are not included in both the notifications dated 29.02.2024 and
18.07.2024 for the posts of Assistant Professor (Botany). The substantive prayer
in WP(C) No.728 of 2024 is for a direction to hold interview/viva-voce for

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 56 of 89
considering for their appointment to the posts of Assistant Professor (Botany) in
DMU in pursuance to advertisement dated 19.12.2020, read with notification
dated 19.07.2024 and resolution no. 2 of emergency meeting of Syndicate held
on 18.07.2024. The substantive prayer in WP(C) No. 580 of 2025 is to set aside
and review the entire selection process of appointment of the private
respondents to the post of Assistant Professor in Botany in DMU vide notification
dated 29.02.2024 and for direction to complete the enquiry against the private
respondents constituted by the Committee constituted vide order dated
26.07.2024 within a time bound manner and for direction to consider the post of
Assistant Professor for DMU against the vacancy available in view of the
circumstances.

[47] Mr. M. Hemchandra, learned sr. counsel for the petitioners
submits that the petitioners are eligible for appointment to the posts of Assistant
Professor in DMU in terms of the applicable recruitment rules and UGC norms.
They have a legitimate expectation of being selected to the post of Assistant
Professor in Botany, if interview was conducted on 05.08.2024 in terms of the
notification dated 19.07.2024. The earlier notification dated 29.02.2024
recommending candidates for the post of Assistant Professor was cancelled for
the post of Botany, as data/tabulation sheets were found blank and no
assessment mark was made against the candidates for the subject of Botany as
reflected in the proceedings of the emergency Syndicate meeting held on
18.07.2024. Therefore, the notification dated 29.02.2024 deserves to be
quashed with respect to Botany and the proceeding of the enquiry committee
constituted vide notification dated 26.07.2024 is not yet completed. The private
respondents cannot claim the right for appointment by including their names in
the notification dated 18.07.2024, as no assessment was done for appearing in
the interview in Botany subject. Some of the private respondents have
challenged the notification dated 18.07.2024 superseding the earlier notification
dated 29.02.2024. It is also urged that the petitioners may be appointed against
11 (eleven) vacant posts in Botany. In alternate, it is also prayed that petitioners
may be appointed against the 11(eleven) sheets available as on date in terms of
the order dated 24.07.2025 passed by this Court in MC(WP(C)) No. 695 of 2024,
in event of this Court considering the appointment of the private respondents

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 57 of 89
whose data/tabulation sheets were found blank. It is highlighted that no counter
affidavit has been filed by the official and private respondents.

[48] Mr. Ajoy Pebam, learned counsel for the respondent nos. 5 and 6
in WP(C) No. 580 of 2025 submits that the writ petition is not maintainable in
the present form, as the same is filed after rejection of the application filed by
the petitioners for impleadment in WP(C) No. 495 of 2024 and it is also stated
that the petitioner has not filed any applications for impleadment in WP(C) No.
633 of 2024 filed by the respondent no. 5 & 6. The petitioners neither did file
any appeal nor did file any review against the rejection order of impleadment
application and hence, filing of the new writ petition, being WP(C) No. 580 of
2025, is without any locus and the same is not maintainable. It is stated that
the petitioners were not recommended by the Selection Committee in the
recruitment process and they cannot challenge the selection and
recommendation of the private respondents to the post of Assistant Professor
(Botany), DMU. It is pointed out that Notification dated 29.02.2024 has already
been superseded by another notification dated 18.07.2024 and the issue is
subject matter in WP(C) No. 633 of 2024 and WP(C) No. 495 of 2024. The cause
of writ petition being WP(C) No. 580 of 2025 praying for reviewing and setting
aside the proceeding for notification dated 29.02.2024 does not exist as on date,
because of the fact that the same has been superseded by notification dated
18.07.2024 read with addendum dated 18.07.2024. The present petition is liable
to be dismissed as for non-joinder of necessary parties, as the petitioners failed
to implead all the successful candidates whose name are reflected in the
notification dated 29.02.2024.

[49] Mr. H. Debendra, learned Dy. Advocate General appearing on
behalf of the State respondents, submits that due to non-marking of candidates
and blank tabulation/data sheets for Physics and Botany subjects, the selection
and appointment of Assistant Professors for Physics and Botany in the notification
dated 29.02.2024, was rightly not accepted by the Syndicate in its meeting held
on 18.07.2024 and accordingly, directed for fresh interview for these two
subjects to assess the relative merit of the candidates. In absence of any
assessment and blank tabulation/mark sheets of the candidates in these 2(two)

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 58 of 89
subjects, the relative merit of the candidates cannot be prepared; but in case of
other subjects, assessment records and tabulation/mark sheets were found
intake. It is also urged that the requirement of approval from the State Govt.
especially DP, Govt. of Manipur and Higher & Technical Education is required in
terms of OMs dated 16.08.2021 and 11.04.2023, which make it mandatory for
any department, PSU, autonomous bodies, etc. including universities to take
approval of DP, Government of Manipur for declaration of result of any
recruitment examination. Learned Dy AG explains that Section 30 of the DMU
Act empowers the State Govt. to make any order, by publishing in the Official
Gazette and to give effect to the provision of this Act, whenever difficulties arise
and not inconsistent with the purposes of the Act. It is submitted that last OM
dated 11.04.2023 included the Universities and Technical & Higher Institution as
one of the entities which needs approval of the State Govt. for declaring result
of the recruitment examination. Learned Dy AG tries to impress upon this Court
that on co-joint reading of the OMs and Section 30 of the DMU Act, there is no
illegality in declaring the earlier notification dated 29.02.2024 as null and void,
as the same was issued without approval of the State Government. It is
submitted that the subsequent notification dated 18.07.2024 has been issued
after getting the approval of the State Govt. in terms of the OMs dated
16.08.2021 and 11.04.2023. As the tabulation/mark sheets of the candidates for
Physics & Botany are found blank, the authority has every right and power to
rectify the same by adopting proper recourse and there is no arbitrary or malafide
act on part of DMU in issuing notification dated 19.07.2024 for holding fresh
interview for Physics & Botany subjects from amongst the candidates who have
already appeared in the earlier interview. The candidates have no indefeasible
right of appointment and in case the writ petitions filed by the candidates who
have been appointed in Physics and Botany subjects vide notification dated
29.02.2024 are allowed, it will create unnecessary problem and confusion. The
prayer in MC(WP(C)) No. 710 of 2024 in WP(C) No. 495 of 2024 is nothing but
substantive prayer of setting aside the proceedings of emergency Syndicate
meeting held on 18.07.2024 and addendum dated 18.07.2024 which are not
prayed for in the main writ petition, being WP(C) No. 495 of 2024 and such
prayer cannot be raised by way of misc. application. Similarly, learned Dy AG

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 59 of 89
also raises the question of maintainability of MC(WP(C)) No. 713 of 2024 in
WP(C) No. 486 of 2024 for amending the prayer portion by introducing new
prayers challenging- (i) Addendum dated 18.07.2024, (ii) Para 7 of Notification
dated 18.07.2024, & (iii) Resolution No.2 of the proceedings of Emergency
Meeting of the Syndicate held on 18.07.2024 with respect to Physics, on the
same ground that substantive prayer cannot be introduced by way of an
application for amendment. Learned Dy. AG also submits that the writ petitions
are bad for non-joinder of necessary parties, i.e., all the shortlisted candidates
are not impleaded as the parties in the writ petitions.

[50] Mr. H. Debendra, learned Dy. Advocate General cites the
following decisions to buttress his argument.

1. State of Orissa v. Bhikari Charan Khuntia: (2003) 10 SCC 144
[Para 7 and 8]
Candidates whose names appear in the merit list do not acquire
indefeasible right of appointment if vacancies exist. The State is under
no obligation to fill up all or any of the vacancies, unless the relevant
recruitment rules so indicated. Though, the State is under no legal duty
to fill up all or any of the vacancies, it does not mean that the State has
a license of acting in an arbitrary manner.

2. Union of India v. Tarun K. Singh: (2003) 11 SCC 768 [Para 4]
The process of selection to a public office, which stands vitiated by
adoption of large-scale malpractice, cannot be permitted to be sustained
by a court of law. That apart, an individual applicant for any particular
post does not get a right to be enforced by a mandamus unless and until
he is selected in the process of selection and gets the letter of
appointment.

3. All India Railway Recruitment Board v. K. Shyam Kumar:

(2010) 6 SCC 614 [Para 49,50,51]
Even if a number of vacancies were notified for appointment and
adequate number of candidates were found successful, they would not
acquire any indefeasible right to be appointed against the existing
vacancies

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 60 of 89

4. East Coast Railway v. Mahadev Appa Rao: (2010) 7 SCC 678
[Para 22,23]
Arbitrariness in the making of an order by an authority can manifest itself
in different forms. Non-application of mind by the authority making the
order is only one of them. Every order passed by a public authority must
disclose due and proper application of mind by the person making the
order. This may be evident from the order itself or the record
contemporaneously maintained.

5. Jai Singh Dalal v. State of Haryana: 1993 Supp (2) SCC 600
[Para 7]
The law is settled that even candidates selected for appointment have
no right to appointment and it is open to the State Government at a
subsequent date not to fill up the posts or to resort to fresh selection
and appointment on revised criteria.

6. Employees State Insurance Corporation v. Vinay Kumar:

(2022) 18 SCC 358 [Para 7]
A candidate who has applied does not have a legal right to insist that
the recruitment process set in motion be carried to its logical end. Even
inclusion of a candidate in the select list may not clothe the candidate
with such a right.

7. Shubhas Jain v. Rajeshwari Shivam: (2021) 20 SCC 454 [para
25]
It is well settled that the High Court exercising its extraordinary writ
jurisdiction under Article 226 of the Constitution of India, does not
adjudicate hotly disputed questions of facts. It is not for the High Court
to make a comparative assessment of conflicting technical reports and
decide which one is acceptable.

[51] Mr. I. Denning, learned counsel for the DMU has adopted the
submissions of learned Mr. H. Debendra Dy AG and has also filed written
arguments on behalf of the respondent-DMU and the same is reproduced below:

• an advertisement dated 19/12/2020 was issued for filling up 88 posts of
Assistant Professor in 22 different subjects/departments in Dhanamajuri
University, Manipur [Annexure A/4 in W.P(C) No. 495 of 2024].

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 61 of 89

• A Notification dated 01/10/2021 was issued whereby published lists of
shortlisted candidates for interview for the post of Assistant Professor for
Anthropology, Botany and Chemistry, Dhanamajuri University, Manipur.
[Annexure A/5 and A/6 of WP(C) No. 495 of 2024].

• A Notification dated 10/12/2021 was issued whereby published the lists
of shortlisted candidates for interview for the post of Assistant Professor
for Physics Department, Dhanamajuri University, Manipur. [Annexure A/3
in WP(C) No. 501 of 2024].

• Due to non-declaration of the results for appointment to the post of
Assistant Professor in 22 different subjects in Dhanamajuri University,
Manipur, some of the candidates approached the Hon’ble High Court by
filing a Writ Petition bearing W.P(C) No. 790 of 2023 whereby the
Petitioners prayed for declaration of the results of for the post of Assistant
Professors in Dhanamajuri University, Manipur. The Hon’ble High Court
was pleased to pass an order dated 08/02/2024 thereby directed the
Respondents to declare the result within a stipulated period of 4 weeks
[Annexure A/4 in W.P(C) No. 501 of 2024].

• A Notification dated 29/02/2024 was issued by the then V.C of D.M.U in
compliance with the Hon’ble Court’s Order dated 08/02/2024 passed in
W.P(C) No. 790 of 2023 thereby declared the result of Assistant Professors
of DMU in 21 different subjects. [Annexure A/5 in W.P(C) 501 of 2024].
• In pursuance to the said Notification dated 29/02/2024 issued by the then
VC, DMU, the State Vigilance Department registered a Vigilance case no.
5/V/SPV&AC/2024 in ⁠connection with the appointment to the post of 83
Assistant Professors of DMU in 21 Different subjects. [Annexure C/1 which
is in the Additional Affidavit of M.C (WP(C)) No. 710 of 2024 ref. to WP(C)
No. 495 of 2024].

• In the Minutes of Syndicate meeting held on 18/07/2024, the Notification
dated 29/02/2024 was declared as null and void as the same was not
issued with the approval of the State Government. Thereafter, in the said
Syndicate meeting held on 18/07/2024, subject wise recommendation of
the Selection Committee was placed before the Syndicate and was
discussed in thread bread. As such, the Syndicate recommended those

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 62 of 89
names whose names were found in the Notification dated 29/02/2024.
However, in the case of the Physics and Botany subjects, the tabulation
sheet was found blank and no assessment marks was marked against any
of the candidates in the case of the Physics and Botany subjects. As a
result of which, the Syndicate after detailed deliberation had unanimously
agreed to conduct a fresh interview of the candidates who were invited
and came for the interview held earlier. [Annexure A/6 of WP(C) no. 501
of 2024].

• A Notification dated 18/07/2024 was issued by Dr. Nivedita, Registrar,
DMU/Addendum whereby declared the results of Assistant Professor in 19
different departments with the approval conveyed by Higher & Tech
Education, Government of Manipur vide letter dated 12/07/2024
[Annexure A/7 of WP(C) No. 501 Of 2024].

• Notification dated 19/07/2024 was issued by Registrar, DMU whereby
called all the candidates for viva-voce held on 30/07/2024 for the post of
Assistant Professors in Botany and Physics. [Annexure A/9 of WP(C) No.
501 of 2024.

The matters were heard by the Hon’ble Court on 16/10/2025 and the
hearing was concluded on the same day. Further, the respondents had sought
liberty to submit Written Argument in the bunch of Writ Petitions in connection
with the recruitment to the posts of Assistant Professor in Botany and Physics
subjects/departments in the Dhanamajuri University, Manipur. As such, the
Dhanamajuri University, Manipur is submitting this Written Argument in
furtherance to the direction of the Hon’ble Court dated 16/10/2025.

The Dhanamajuri University, Manipur would submit that the writ
petitions are not maintainable inasmuch as:

• Disputed facts – Vigilance Case pending: That a Vigilance Case by the
State Vigilance and the same is pending for further action. Thus, there is
no finding of the said investigation; as such, the writ petitions are not
maintainable. It is the trite of law that writ Court cannot exercise its
jurisdiction over the disputed facts.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 63 of 89

• Dispute between the earlier Registrar and earlier Vice-chancellor in
connection with tabulation mark sheets for the subject Botany and Physics
• ⁠Necessary and proper party, Not impleaded – the writ petitioners have
failed to implead those shortlisted candidates inasmuch as the impugned
order/notification directed those shortlisted candidates of Botany and
Physics and who had appeared earlier for the interview were called to face
fresh interview. As such, those persons are necessary and proper party to
adjudicate the said impugned order/notification.

                    •    2008 (2) SCC 161 - (Para No. 17, 30, 34, 35, 37, 40, 42 to 47, 49, 53,
                         54, 57, 63, 64, 69
                    •    1985(1) SCC 122 - (Para No. 1, 12, 14, 16, 18)
                    •    2002 (5) SCC 533 - (Para No. 19)
             •     Action of the respondents (DMU) - not arbitrary and such action is
                   reasonable.

That, since the notification dated 29/02/2024 thereby declaring the result
of the Assistant Professors in Dhanamanjuri University as null and void by
the subsequent Syndicate and the Syndicate has to re-examine the
selection for such selection and appointment of Assistant Professors in
Dhanamanjuri University. Thereafter, the Syndicate after minutely
examining the selection process gave a finding for recommendation of
those Assistant Professors in 20 Subjects; however, since the tabulation
Mark Sheets was not available for the subject Botany and Physics, the
Syndicate held that those shortlisted candidates and who appeared before
the interview which was held earlier to present for such
selection/interview in the subject Botany and Physics. Therefore, the
action of the authority of Dhanamanjuri University was not at all malafide
and arbitrary. In this regard, the Dhanamanjuri University would submit
that no appointment order was issued in connection with the Notification
dated 29/02/2024 and as such, the Selection/Recruitment for the posts of
Assistant Professors was not completed
Further, the Dhanamanjuri University would submit that the
University has every right to rectify discrepancy in the recruitment process
and such Policy decision was a bonafide decision. Furthermore, the

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 64 of 89
Decision taken by the Syndicate was just, reasonable and judicious; and
there was no question of malafide. The Syndicate is the highest authority
under the Dhanamanjuri Act, 2017 and the Syndicate had taken a decision
in the interest of all concerned without any arbitrary and malafide.
Therefore, in the exercise of power in the judicial review, the Court will
not evaluate the comparative merits or suitability of candidate.

                    •    2008 (10) SCC 1 - (Para No. 59, 60, 63)
                    •    2005 (3) SCC 618 - (Para No. 1, 4, 16, 22)
                    •    ⁠1998 (1) SCC 487 - (Para No. 9)
                    •    1995 (Supp.) 3 SCC 156 - Para No. 4
                    •    2002 (5) SCC 533 - (Para No. 8, 19)
                    •    2008 (2) SCC 161 - (Para No. 17, 30, 34, 35, 37, 40, 42 to 47, 49, 53,
                         54, 91, 63, 64, 69
         •     No indefeasible right to be appointed

That, the Dhanamanjuri University would submit that selected candidate do
not have an enforceable right to appointment and candidate do not acquire
any right nearly because of applying for the selection or for appointment
after selection. Further, the Dhanamanjuri University would submit that no
fundamental right of the candidate was violated. In other words, there is no
locus standi; and moreover, malafide, promissory estoppels, legitimate
expectation does not apply in the case of incomplete recruitment.

               •     2003(10) SCC 144 - (Para No. 8 and 9)
               •     1998 (1) SCC 487 - (Para No. 9).

        [52]                    Mr. Y. Nirmolchand, learned senior counsel assisted by Mr. U.

Augusta, learned counsel for former VC, refers to the counter-affidavit filed by
him stating that DMU is an independent authority and does not require any
approval from the State Government for declaring the result of recruitment of its
employees including teaching faculty. The provisions of DMU Act and Statutes
have clearly stipulated that the University in general and the Syndicate in
particular have exclusive right to appoint its employees. It is reiterated that VC
is empowered to call for meetings of the Syndicate and does not require
permission of the Registrar. The allegation of blank data/tabulation sheets and
non-assessment of candidates appearing in the interview for Physics and Botany

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 65 of 89
are afterthought, because the Registrar has never raised this issue when she
obtained signatures of the online experts on the proceedings of the interview
including Physics and Botany and/or at time of Syndicate meeting held on
27.02.2024 to discuss declaration of result as directed by this Court.

[53] This Court has perused the materials on record, the relevant
provisions of law, cited case laws and submissions made by the learned counsel
for the parties. The common facts-in-issue, in a nutshell, in all these cases are
as follows:

(i). The Registrar, DMU issued an advertisement no. 03/2020 dated
19.12.2020 inviting applications from intending candidates for filling
up the 88 (eighty-eight) vacant posts of Assistant Professor in 22
(twenty-two) subjects/departments including Physics and Botany.

The number of seats may change, i.e., increase or decrease. As per
the terms of the advertisement, the appointment will be on the basis
of the performance in the interview/viva-voce to be conducted by
the Selection Committee. After the completion of the interview, the
result was not declared and some of the candidates approached this
Court by way of writ petition being WP(C) No. 790 of 2023 with a
prayer for directing the authority to declare the result for the
interview/viva-voce. Vide order dated 08.02.2024 in WP(C) No. 790
of 2023, this Court directed the DMU to declare result of the
interview for the recruitment of Assistant Professors in pursuance to
advertisement dated 19.12.2020 within a period of 4(four) weeks
and the order was passed without expressing any opinion on the
merit of the case and on joint submissions of the parties thereto for
declaring result. It may be noted that the order dated 08.02.2024
has attained finality.

(ii). WP(C) No. 199 of 2024 & WP(C) No. 833 of 2021 were also pending
with respect to the recruitment of the Assistant Professor for Zoology
subject. Vide order dated 13.12.2021 passed by this Court in WP(C)
No. 833 of 2021, declaration of result of the Assistant Professor in
Zoology was not to be made without leave of this Court. Vide another

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 66 of 89
order dated 04.04.2024, this Court modified the interim order dated
13.12.2021 passed in WP(C) No. 833 of 2021 to the extent that DMU
was permitted to declare the result for Zoology subject to fill up 2
posts of UR, 1 post of ST, out of the 4 posts notified vide
advertisement dated 19.12.2020 and 1 seat of UR be kept reserved
till the disposal of the writ petition being WP(C) No. 833 of 2021 and
the WP(C) No. 199 of 2024 was accordingly disposed of by the same
order. Vide another order dated 29.05.2025, the writ petition being
WP(C) No. 833 of 2021 was subsequently dismissed on merit and no
litigation is pending with respect Zoology.

(iii). In compliance of the order dated 08.02.2024 in WP(C) No. 790 of
2023, the then VC, Prof. N. Rajmuhon Singh issued a notice dated
21.02.2024 for holding an emergency Syndicate meeting on
27.02.2024 for declaration of the result and copy of the letter was
marked to all concerned persons including the Registrar of DMU. On
approval of the recommendation of the Selection Committee by the
Syndicate in resolution no. 2 of the 11th Syndicate meeting of DMU
held on 27.02.2024, the former VC issued a notification dated
29.02.2024 for appointment to the post of 83 (eighty-three)
Assistant Professors of DMU in 21 (twenty-one) different subjects. It
may be noted that subject of Zoology was not included in the
notification dated 29.02.2024, as there was stay order restraining
declaration of result in WP(C) No. 833 of 2021. Out of the 4(four)
candidates recommended for Physics, the petitioners in WP(C) No.
501 of 2024 are at serial nos. 1 & 3 and the petitioner in WP(C) No.
486 of 2024 is at serial no. 2. Similarly, out of the 4(four)
recommended candidates for the post of Assistant Professor in
Botany, petitioner in WP(C) No. 495 of 2024 is at serial no. 1 and
petitioners in WP(C) No. 633 of 2024 are al serial nos. 2 & 3.

(iv). In the emergency Syndicate meeting of DMU held on 18.07.2024,
Agenda no. 1 is for declaration of result of various posts of teaching
and non-teaching staff and Resolution no. 2 of the same agenda is
for declaration of result of Assistant Professor. The new VC [namely,

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 67 of 89
Shri H. Gyan Prakash who was holding the substantive post of
Commissioner (Hr. & Tech. Education), Government of Manipur and
i/c VC of DMU] requested the Syndicate to treat the notification
dated 29.02.2024 recommending for appointment of 83 (eighty-
three) Assistant Professors in 21 (twenty-one) subjects including
Physics & Botany to be treated as null & void, on the ground that
the same was issued without approval of the State Govt. (DP, Govt.
of Manipur) as mandated in the OMs dated 16.08.2021 &
11.04.2023. The Syndicate, after due deliberation, agreed to treat
the notification dated 29.02.2024 as null & void. After that the
subject wise recommendations of the Selection Committee on the
basis of the earlier interview were placed before the Syndicate and
the Syndicate unanimously agreed to accept the recommendations
of the Selection Committee for teaching post and also approved the
additional 60(sixty) teaching posts in 16(sixteen) different subjects/
departments. In resolution no. 2, it was recorded that in respect of
Physics & Botany subjects, the data/tabulation sheets were found
blank; no assessment was marked against any of the candidates;
and the Syndicate agreed to conduct fresh interview of the
candidates who were invited and appeared in the interview held
earlier for these two subjects; no fresh applications or call letter
would be required and interview to be conducted as early as
possible.

(v). In terms of the decision of the Syndicate meeting held on
18.07.2024, the new VC, DMU issued a notification dated 18.07.2024
bearing no. 3/1/2018-DMU/Rect./2020-I(Pt.) by recommending
candidates in 19 (nineteen) subjects/departments in 3 (three)
different tables. Table-‘A’ consists of 4 candidates each (except
Electronics-3) for 19 subjects as included in the notification dated
29.02.2024 (excluding Physics & Botany); Table-‘B’ consists of
additional posts in 14 subjects/departments out of 60 additional
posts recommended in 16 subjects/departments including 14 from
the subject Zoology; & Table-‘C’ includes the combine candidates

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 68 of 89
from Tables ‘A’ & ‘B’ in order of merit of appointment as the Assistant
Professors in 20 subjects. In the notification dated 18.07.2024, the
8 (eight) selected candidates for the posts of Assistant Professor in
Physics & Botany (4 each) from the notification dated 29.02.2024
are not included in terms of the resolution no.2 of the emergency
Syndicate meeting held on 18.07.2024 due to alleged absence of
tabulation/mark sheets.

(vi). The Registrar DMU issued an addendum dated 18.07.2024 adding
‘paragraph 10’ in the earlier notification dated 18.07.2024 stating
that notification dated 18.07.2024 was issued in supersession of
notification dated 29.02.2024 notifying list of selected candidates for
the post of Assistant Professor in 21 (twenty-one) subjects/
Departments including Physics and Botany.

(vii). The Registrar, DMU issued another notification dated 19.07.2024
bearing no. 3/1/2018-DMU/Rect./2020-II (Pt.) for conducting fresh
interview for the post of Assistant Professor in Botany & Physics with
effect from 30.07.2024 and only for those candidates, who had
already appeared in the earlier interview held from 16.10.2021 to
18.10.2021 for Botany and from 17.12.2021 to 19.12.2021 for
Physics, would be eligible; and fresh call-letters would not be issued.

(viii). Writ petitions, being WP(C) No. 501 of 2024, WP(C) No. 545 of 2024,
WP(C) No. 486 of 2024 and WP(C) No. 633 of 2024 are filed by 6(six)
of the selected candidates from Physics and Botany subjects (3 each
for each subject, whose name are recommended vide notification
dated 29.02.2024). Vide order dated 23.07.2024 in WP(C) No. 486
of 2024, this Court permitted the petitioner to appear in the
proposed interview to be conducted on 30.07.2024 and directed that
result be not declared without leave of this Court and 1(one) seat be
kept apart. Vide another order dated 29.07.2024 in WP(C) No. 501
of 2024, this Court kept under suspension the impugned notification
dated 19.07.2024 for holding fresh interview to be conducted from
30.07.2024 for Assistant Professor in Botany and Physics till next
date; and interim order has been extended from time to time. Vide

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order dated 23.08.2025 in WP(C) No. 495 of 2024, it was held that
the interim order dated 29.07.2024 in WP(C) No. 501 of 2024 staying
the interview in pursuance to notification dated 19.07.2024 would
be applicable for both Physics and Botany and interim order has been
extended from time to time.

(ix). The petitioners have also filed a copy of the social media facebook
post of the Raj Bhavan, Manipur issued in July, 2024, regarding delay
in declaring result for Assistant Professor in Botany & Physics. The
new VC (Shri H. Gyan Prakash) explained to Hon’ble Governor that
tabulation sheets submitted on examination by authority was
incomplete and listing only 4 candidates each for Botany and Physics,
while needed to be filled 11 and 13 positions respectively. This
facebook post of the Raj Bhavan has not been denied by the
respondents (both State & DMU).

(x). In the counter-affidavit of DMU in the disposed of writ petition vide
order dated 08.02.2024, i.e., WP(C) No. 790 of 2023 (which has
attained finality), the University has especially admitted that the
interview has been successfully completed and OMs dated
16.08.2021 & 11.04.2023 are not applicable to the DMU. However,
in the common counter-affidavits of State as well as DMU, a contrary
stand has be taken by DMU in this batch of writ petitions.

(xi). Vide order dated 24.07.2025 in this batch of writ petitions, this Court
directed DMU to explain number of seats proposed for the interview
in Physics & Botany subjects as on date and number of seats
available for fresh interview vide notification dated 19.07.2024; and
whether the candidates in notification dated 29.02.2024 are included
in toto in subsequent notification dated 18.07.2024, except for
candidates in Botany & Physics. In pursuance to this direction, the
Registrar, DMU filed an affidavit dated 20.08.2025 stating that- (a)
seats for Botany & Physics as on date for the proposed fresh
interview in terms of notification dated 19.07.2024 as per
advertisement no. 3/2020 dated 19.12.2020 are 4(advertised) &
7(additional) and 4(advertised) & 9(additional) posts

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respectively, i.e., 11(4+7) posts & 13(4+9) posts for Botany &
Physics; and (b) the candidates in notification dated 29.02.2024 are
included in toto in the subsequent notification dated 18.07.2024
except for Botany & Physics.

(xii). Accordingly, vide order dated 22.08.2025 and in view of the affidavit
dated 20.08.2025 filed by the Registrar of DMU, the interim order
dated 29.07.2024 was modified by giving liberty to DMU to conduct
fresh interview for 7 additional seats in Botany and 9 additional seats
in Physics for the post of Assistant Professor. However, the earlier
order staying in holding fresh interview was limited to 4 seats each
for Botany & Physics (already appointed in terms of notification
dated 29.02.2024) and with a direction not to fill up these 8 (eight)
seats in litigation without the leave of this Court.

(xiii). With the modification of the interim order dated 29.07.2024 staying
the notification dated 19.07.2024 for holding fresh interview for the
post of Assistant Professor in Physics and Botany by a subsequent
order dated 22.08.2025 permitting DMU to hold interview for 7 & 9
additional posts in Botany and Physics by keeping stay order
confined to 4 seats each, the cause of writ petition, being WP(C) No.
728 of 2024, does not survive. It may be noted that the substantive
prayer in WP(C) No. 728 0f 2024 is for a direction to the authority to
hold interview/viva voce for the post of Assistant Professor in Botany
in terms of the advertisement no. 03/2020 dated 19.12.2020; read
with notification dated 19.07.2024 for fresh interview; and resolution
no.2 of the emergency Syndicate meeting held on 18.07.2024
recommending for fresh interview. Since this Court permitted DMU
to conduct fresh interview for additional posts in terms of notification
dated 19.07.2024 in Botany and Physics and DMU has contemplated
to take steps for holding the same, the prayer for holding fresh
interview in Botany has been fulfilled. It may be noted that the writ
petitioners do not specify any number of seats in Botany for holding
fresh interview.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 71 of 89

(xiv). Writ petition, i.e., WP(C) No. 691 of 2024: Moirangthem Bisheshwor
Singh & Ors. v. State of Manipur & Ors. is pending before this Court
challenging the additional appointment of Assistant Professors by the
notification dated 18.07.2024 (Table ‘B’) in excess of the posts
advertised vide Advertisement No.03/2020 dated 19.12.2020.

Points for Determination:

[54] On the basis of the pleadings of the parties, the submissions at
bar, the relevant provisions of the Dhanamanjuri University Act, 2017 and case
laws cited by the parties, this Court frames the following ‘points for
determination’ for disposal of the present writ petitions and miscellaneous
applications:

I. Whether the writ petitions and applications are
maintainable or not in the present form, as raised by learned
counsel for the official respondents?

II. Who is the competent authority to make appointment of
teachers for the University under Dhanamanjuri University Act of
2017?

III. Whether the Syndicate has power to annul its earlier
decision?

IV. Whether the Vice Chancellor has power to convene the
meeting of the Syndicate including emergency meeting?

V. Whether prior approval of the State Government,
Department of Personnel & Administrative Reforms (Personnel
Division) is required by Dhanamanjuri University for declaring
result of the recruitment of Assistant Professors as mandated by
Office Memoranda dated 16.08.2021 & 11.04.2023 issued by Govt.
of Manipur, Department of Personnel & Administrative Reforms
(Personnel Division)?

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 72 of 89

VI. Whether the result of appointment of Assistant
Professors in Physics and Botany by notification dated 29.02.2024
can be cancelled by another subsequent notification dated
18.07.2024 issued by DMU only on ground of blank
data/tabulation sheets and non-assessment of candidates in the
interview for these two subjects in the interview?

[55] Before indulging into the factual matrix of cases in hand, it will be
fruitful to discuss the relevant provisions of the Dhanamanjuri University Act,
2017 so as to enable to decide the disputes.

[56] Section 2(3) of the DMU Act provides that State Government of
Manipur may create new essential posts for the newly established Dhanmanjuri
University. As per proviso to sub section (2) of Section 2, subsequent creation of
posts, both for teaching and non-teaching faculties, shall be made by the
appropriate authority of the University. Sub sections (f) & (g) of Section 10 of
the Act empower the University to create posts for teaching, administrative and
other posts and to make appointments thereto; and also, power to appoint or
recognize teachers including to the post of Assistant Professor.

[57] The ‘Syndicate’, as defined in Section 2(n) and Section 17 of the
Act, is the ‘principal executive body’ of the University and is in charge of the
general management and administration. Statute 12 of the Second Schedule of
DMU Act prescribes the composition of the Syndicate headed by the Vice
Chancellor and consisting of Pro-VC, Administrative Secretary of Higher
Education, Govt. of Manipur, 3 Deans of Studies, Dean of Students, 4 persons
nominated by the Chancellor, 3 teachers nominated by the Chancellor on the
recommendation of VC, 3 Senate members (non-employee of DMU or affiliates)
nominated by the Chancellor, 3 Heads of constituent/affiliated colleges and
institutes, and Director of University & Higher Education, Manipur. Statute 13(i)
appended to Second Schedule of the Act, empowers the Syndicate as the
competent authority to appoint such Professors, Associate Professors, Assistant
Professors and other members of the teaching staff, on the recommendation of
duly constituted Selection Committee. Statute 26(i) prescribes ‘teachers’ of the
University as ‘appointed-teachers’ and ‘recognized-teachers’. Further, Statute

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 73 of 89
26(ix) stipulates that no person shall be appointed or recognized as a teacher of
the University, except on recommendation of a Selection Committee constituted
for the purpose.

[58] Statute 27(i) of Second Schedule of the Act prescribes ‘Selection
Committee of Teachers’ as an authority for making recommendations to the
Syndicate for appointments to the posts of Professors, Associate Professors and
Assistant Professors and Assistant Professors. In terms of Statute 27(ii), the
Selection Committee for Assistant Professor and Associate Professor shall consist
of- (i) VC, in his absence, Pro VC as Chairman, (ii) One nominee of the Chancellor,

(iii) Head of Department concerned, (iv) Three outside experts in the subject to
be invited out the list approved by the Syndicate. The quorum of the Selection
Committee shall be four with at least two outside subject experts. If the Selection
Committee recommends to the Syndicate ‘only one person’ and such person is
not acceptable; in such situation and exercising power conferred under Statute
27(iv), the Syndicate may not accept the single person recommendation of the
Selection Committee by recording reasons in writing and direct the Registrar to
advertise the vacancy again and convene a meeting of the Selection Committee
for making fresh recommendations. Every member of the Selection Committee
shall be communicated the reasons recorded by the Syndicate for not accepting
the single person recommendation. Statute 27(v) stipulates a situation where
the Syndicate is not able to accept ‘any recommendation’ [meaning thereby
‘multiple persons recommendations’ as opposed to ‘single person
recommendation’ under Statute 27(iv)] made by the Selection Committee, the
Syndicate shall remit the same to the Selection Committee for reconsideration.
If the difference is not resolved even after reconsideration by the Selection
Committee, the Syndicate shall record its reason and submit the Chancellor for
passing appropriate orders.

[59] Section 12 of DMU Act defines the Governor of Manipur shall be
the ‘Chancellor’ of the University. Sub section 8 of Section 12 lays down that the
Chancellor may, by order in writing, annul any proceeding of the University which
is not in conformity with the Act, Statute or the Ordinances. Before passing such
order annulling any proceeding, the Chancellor shall call upon the University to

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show cause why such an order should not be made and shall consider the cause
if any submitted within reasonable time. It may be clarified that the proceeding
of the Selection Committee forwarded by the Syndicate to the Chancellor in
exercise of power under Statute 27(v), will fall within the meaning of ‘any
proceeding of the University’ as contemplated in Section 12(8) of the Act. In
other words, Chancellor is the only authority under DMU Act who can annul any
proceeding of the University including the recommendations of multiple persons
for appointment as teachers of the University.

Authority to make appointment of teachers in DMU & Power to annul
any proceedings of DMU

[60] From the above discussions on the inter relationship of various
provisions of DMU Act and its Statutes, it is crystal clear that on reading together
the proviso to Section 2(2) and Section 10(f) & (g) of the Act, the University has
general power to create subsequent posts after its establishment and make
appointment thereto including the teachers. The power to make appointment of
teaching faculty including Assistant Professor has been vested to the Syndicate
as competent authority to make such appointment by Statute 13(i) and that too
on the recommendations made by the Selection Committee in terms of Statutes
26(ix) & 27. As contemplated under Statute 27(iv), the Syndicate may not accept
the ‘single person recommendation’ of the Selection Committee for reasons to
be recorded in writing and direct the Registrar to advertise the vacancy again
and convene a meeting of the Selection Committee. In other words, the
Syndicate can reject the ‘single person recommendation’ of the Selection
Committee for appointment as teacher. However, Statute 27(v) prescribes that
if ‘multiple persons recommendations’ are made by the Selection Committee for
appointment as teachers of the University and if the same is not acceptable to
the Syndicate, it shall remit the same to the Selection for reconsideration. If the
difference is still not resolved even after reconsideration by the Selection
Committee, the Syndicate shall, by recording reasons, submit the case to the
Chancellor for order. It may be clarified that under Section 12(8) of the Act, it is
the only the Chancellor who can annul any proceedings of the University
including the recommendation of the Selection Committee and earlier decision

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of the Syndicate, if the same are not in conformity with the purpose of the Act,
the Statutes or the Ordinances of the University. On plain reading of the
provisions of Section 12(8), Statute 26(ix), Statute 27(v) and Statute 13, the only
possible conclusion is that the Syndicate does not have any power to annul the
recommendations made by a duly constituted Selection Committee of ‘multiple
persons for appointment as teachers’ of the University and also the ‘earlier
decision/proceeding’ of the Syndicate itself. Statute 13, which prescribes the
power of the Syndicate, does not contain any entry which empowers it to annul
its earlier decision. Such power can be exercised the Chancellor in exercise of
power under Section 12(8) of DMU Act. Considering the language of Statutes
27(iv) & 27(v) carefully, the term ‘any recommendation’ occurring in Statute
27(v) would only mean ‘multiple persons recommendation’ and will fall within
the meaning of ‘any proceeding’ as stipulated in sub subsection 8 of Section 12
of DMU Act, 2017 and the Chancellor alone can annul such recommendations of
the Selection Committee.

[61] In the circumstances, the logical conclusion is that under
Statute 13(i) of Second Schedule of DMU Act, 2017, the ‘Syndicate’ is the
competent authority of the University to make appointment to the post of
teachers including the Assistant Professors on the recommendations of a duly
constituted ‘Selection Committee of Teachers’ in terms of Statutes 26(ix), 27(iv)
& 27(v). Further, the Syndicate may not accept the recommendation of ‘single
person’ for appointment as teacher and may direct for fresh advertisement.
However, in case ‘multiple persons recommendations’ made by the Selection
Committee for appointment of teachers, the Syndicate cannot reject the
recommendations even after reconsideration by the Selection Committee and it
has to refer, by recording reasons in writing, to the Chancellor for taking
appropriate decision. Statute 13 does not confer any power to the Syndicate to
annul its earlier decision. The power to annul ‘any proceeding’ of the University
including the ‘multiple persons recommendations’ of the Selection Committee
and ‘earlier decision’ and/or ‘proceeding’ of the Syndicate, can only be exercised
by the Chancellor under Section 12(8) of the Act; if such proceedings/decisions
are in contravention of the schemes of the Act, the Statutes or the Ordinances.
This answers the ‘Points for Determination II & III’.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 76 of 89

Power of Vice Chancellor to convene meeting of the Syndicate

[62] Sub section 3 of Section 13 of DMU Act stipulates the Vice
Chancellor as the ‘principal executive’ and ‘academic officer’ of the University and
ex-officio Chairman of the Syndicate, the Academic Council and Finance
Committee. He shall, in absence of the Chancellor, preside at any convocation
for conferring degrees and also at any meeting of the Senate. As provided by
Statute 12(i)(a) of the Second Schedule of the Act, Vice Chancellor is the ex-
officio head of the Syndicate. Statute 3(iii) confers power on Vice Chancellor to
convene meetings of the Senate, the Syndicate and the Academic Council and
exercising power under Statute 3(v), the Vice Chancellor may take up any action
if such a situation has arisen in emergency and shall place the same for approval
at the next meeting of the authority including the Syndicate. For convening any
meeting of the University, the Act and Statutes do not contemplate a situation
which requires permission of the Registrar or informing him/her by the Vice
Chancellor before convening meeting of the authority including the Syndicate.
Under Statute 7(iv)(d), the Registrar can call an emergency meeting of Syndicate
to take its directions for carrying on the work of the University; only when the
Vice Chancellor, or any of the Pro Vice Chancellors, or the seniormost Dean in
station are not available to act.

[63] From the above analysis, it is abundantly clear that Vice
Chancellor is the ‘overall principal officer’ of the University as mandated by
Section 13(3) of the Act and is ex-officio head of the Syndicate. Statute 3(iii)
empowers the Vice Chancellor to convene meeting of the Syndicate including the
’emergency meeting’ and permission and/or informing the Registrar is not
required. However, in case of inability of the Vice Chancellor and other senior
officers of the University to act, the Registrar can call an emergency meeting of
the Syndicate for directions under Statute 7(iv)(d). To put in simpler term, Vice
Chancellor is the ‘sole authority’ for convening the meeting of the Syndicate,
including the ’emergency meeting’ in terms of the provisions of Statute 3(iii) of
the Act. This answers the ‘Points for Determination IV’.

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Whether prior approval of State Government required for declaring
result of recruitment of Teachers of DM University?

[64] The main thrust of argument of Mr. H. Debendra, learned Dy. AG
hinges on the interpretation of Section 30 of DMU Act, 2017. An attempt is made
to highlight that Section 30 enables the Government of Manipur to make such
provisions, not inconsistent with the purposes of the Act, for removing difficulties
in giving effect to the provisions of this Act. Such an order made under this
Section has to be published in the Official Gazette. Learned Dy. AG refers to the
two ‘Office Memoranda’ dated ‘16.08.2021’ and ‘11.04.2023’ which require to
take prior approval/concurrence of Department of Personal (DP), Government of
Manipur, for conducting the recruitment and declaration of result of the
examination conducted by all Government departments and its agencies
(including PSUs, companies, societies, autonomous bodies, universities and
institutes of higher learning). Universities and institutes of higher learning are
not included in the OM dated 16.08.2021, but later on added within this purview
by a subsequent OM dated 11.04.2023. Learned Dy. AG tries to impress upon
this Court that reading together the provisions of Section 30 of the DMU Act,
2017 and ‘Office Memoranda’ dated ‘16.08.2021’ and ‘11.04.2023’ issued by the
Department of Personnel, Government of Manipur, DMU has to take prior
approval of the State Government for declaring the result of recruitment of its
employees including the appointment of Assistant Professors initiated vide
Advertisement No. 03/2020 dated 19.12.2020.

[65] This Court has minutely and carefully examined the situation
where State Government can invoke the power under Section 30 of DMU Act.
The situation contemplated for exercising this residual power is only when there
is/are difficulty(s) ‘in giving effect to the provisions of the Act’; and only then the
State Government can step in to do needful for removing the difficulty, not
inconsistent with the purpose and object of the Act. Except for removing
difficulty, the State Government has no role in the recruitment of the employees
of the University including appointment of teachers, especially Assistant
Professors. Learned Dy. AG has miserably failed to exhibit the ‘difficult situation’
as contemplated in Section 30 of the Act, so as to enable the State Government

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to interfere in the appointment of the employees of the University. This Court is
not able to accept the submission that the ‘Office Memoranda’ dated ‘16.08.2021’
and ‘11.04.2023’ would be applicable in case of appointments made by DMU as
contemplated by Section 30 of DMU Act. It may be recalled that in Para 61
(supra) while considering ‘Points of Determination II’, this Court has already held
that Syndicate is the sole authority of the University to make appointments of its
employees including Assistant Professors, on co-joint reading of the provisions
of Statutes 13(i) and 26(ix). The University, being a statutory body, is not bound
to follow the directions in ‘Office Memoranda’ dated ‘16.08.2021’ and
‘11.04.2023’; as executive directions cannot trample over provisions of the
statute and too in absence of ‘any difficult situation’ as contemplated under
Section 30 of DMU Act. This Court is of the considered opinion that in absence
of any difficult situation as mandated by Section 30 of the Act, the OMs will not
be applicable to DMU and as a necessary concomitant, it is held that DMU does
not require approval of State Government, specially from the Department of
Personnel for declaring result of recruitment of Assistant Professors initiated vide
Advertisement No. 03/2020 dated 19.12.2020. This conclusively decides ‘Points
for Determination V’.

Maintainability of Writ Petitions and Applications

[66] On behalf of the official respondents, Mr. H. Debendra, learned
Dy. AG and Mr. I. Denning, learned counsel for DMU have raised the
maintainability of the writ petitions and the accompanying applications on
numerous heads. The ‘first head is the question of introducing new substantive
prayers for the first time’ by way of applications for amendment of prayer in the
main petitions and in the rejoinder affidavits. It has been pointed out that by an
MC(WP(C)) No. 710 of 2024 [Ref: WP(C) No. 495 of 2024], the petitioner tries
to introduce new prayers in the writ petition challenging ‘Resolution no.2 of
Agenda I’ of the proceedings of the Emergency Syndicate meeting held on
18.07.2024 relating to Botany subject and ‘Addendum’ dated 18.07.2024. The
reason for filing the amendment application is that the petitioner came to know
about the same when the counsel for the respondents mentioned before this
Court. Likewise, in MC(WP(C)) No. 713 of 2024 [Ref: WP(C) No. 486 of 2024],

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the petitioner prays for inserting new reliefs for quashing ‘Addendum’ dated
18.07.2024, Para 7 of the Notification dated 18.07.2024 in the proceedings of
the emergency Syndicate meeting held on 18.07.2024 at Resolution No.2 of
Agenda I with respect to Physics subject. It is stated that the petitioner came to
know about the Addendum dated 18.07.2024 only when the official respondents
filed an application for vacating the interim orders. In WP(C) No. 486 of 2024,
Addendum dated 18.07.2024 has been introduced for the first time in the
rejoinder affidavit filed by the petitioner and no relief has been prayed for in the
main writ petition.

[67] It is the specific plea of the official respondents that new plea
cannot be introduced by way of amendment and/or affidavit, otherwise the
nature of the writ petitions will be changed substantially due inclusions of new
reliefs which have not been prayed for in the main petitions. The reasons given
by the petitioners for introducing new reliefs are not satisfactory and ought to
be rejected. On the other hand, the petitioners take similar plea that they came
to know about the existence of new pleas after the respondents mentioned in
their applications for vacating interim order filed by them in the court. It is
pointed out that in connected matters there are overlapping of reliefs and some
extra reliefs are made in other petitions. It is also urged that the so-called new
reliefs are not at all totally different reliefs, but in the nature of collateral reliefs
for the sake of technicalities. The new reliefs will not alter the nature of the relief
prayed for in the petition. It is urged that the substantive pleas in all these writ
petitions are quashing the notification dated 18.07.2024 with respect to Physics
and Botany which cancelled the earlier notification dated 29.02.2024 and a
direction to DMU to appoint the petitioners as Assistant Professors in Physics and
Botany.

[68] This Court is conscious of the settled proposition of law on the
question of amendment of pleadings. Generally, new pleas which would
substantially change the nature of the lis between the parties are, a matter of
course, not permissible. On the other hand, new plea can be raised if goes to
the root of the matter and essential in deciding the dispute. Another aspect is
the likelihood of causing irreparable loss on denial of the proposed amendment.

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In the case of LIC v. Sanjeev Builders (P) Ltd.: (2022) 16 SCC 1, Hon’ble
Supreme Court observed that amendment of pleading shall be allowed liberally,
but time barred relief cannot be introduced by way of amendment.

18. It is well settled that the court must be extremely liberal in
granting the prayer for amendment, if the court is of the view that if
such amendment is not allowed, a party, who has prayed for such an
amendment, shall suffer irreparable loss and injury. It is also equally
well settled that there is no absolute rule that in every case where a
relief is barred because of limitation, amendment should not be
allowed. It is always open to the court to allow an amendment if it is
of the view that allowing of an amendment shall really subserve the
ultimate cause of justice and avoid further litigation.

[69] Applying the above principle, this Court is of the view that the
new reliefs, sought to be introduced by the petitioners, are not, at all, alien to
the main prayers. From the pleadings of the parties, it can be gathered that the
substantive reliefs prayed for by the petitioners are for setting aside the
notification dated 18.07.2024 as it relates to the cancellation of the result of
Assistant Professors of Physics and Botany vide notification dated 29.02.2024;
and for inclusion of their names in the list of selected candidates. Some of the
new pleas are already included in connected matters, especially in WP(C) No.
633 of 2024. If all these writ petitions are considered together, the so-called new
reliefs are already made in connected matters. Even if the some of new reliefs
are not prayed for in the main petitions, their inclusion will not change the nature
of the petition and substantive reliefs of inclusion of the petitioners’ name in the
list of selected candidates. Taking into consideration all these aspects and all the
petitions being heard together and disposed of by common judgment, this Court
does not find any convincing reason to accept the objection of the official
respondents to the new reliefs introduced by the petitioners.

[70] The ‘second head on maintainability is about non-impleading of
all candidates who appeared in the earlier interview’, but not selected in the
notification dated 29.02.2024. The reason behind this objection is that the
petitioners have prayed for a stay on the proposed fresh interview for Physics

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and Botany as per notification dated 19.07.2024. It is explained that the
petitioners do not know the number of seats proposed to be included in the fresh
interview and come to know about the same from additional affidavit dated
20.08.2025 filed by the Registrar of DMU before this Court that 13 (4+9) and 11
(4+9) seats in Physics and Botany are proposed in the fresh interview. This Court
is of the firmed view that with passing of order dated 22.08.2025 modifying the
earlier interim order dated 29.07.2024 staying the notification dated 19.07.2024
for fresh interview, and allowing DMU to conduct fresh interview for 9 additional
and 7 additional seats in Physics and Botany, this objection does not survive any
longer.

[71] The ‘third head on maintainability is disputed fact’ in writ
petitions. Learned counsel for the official respondents try to project that the
batch of writ petitions involves question of disputed facts. The controversy is
about blank tabulation/data sheets in the proceedings of interview of Physics and
Botany and non-assessment of the candidates by the Selection Committee. It is
urged that such question of disputed facts cannot be look into by this Court in
writ proceedings and is a subject matter in vigilance inquiry. Mr. H. Kenajit,
learned counsel for the petitioner in WP(C) No. 486 of 2024 clarifies that the
dispute is the creation of the official respondents and they cannot take advantage
of their own wrong. It is pointed out that the averments of the former VC in his
counter affidavit have not been controverted by the official respondents. It is the
specific case of the former VC that the Selection Committee consisting of all the
subject experts including those participated online (for Physics, Botany & 4 other
subjects) during covid pandemic, assessed all the candidates based on their
performances. The former VC entrusted to the Registrar to collect signatures of
the subject experts participated online on the signed recommendations and
tabulation sheets and after collecting the signatures from outside experts, the
Registrar submitted the same to the former VC. Learned counsel has highlighted
the Registrar did not raise the question of blank tabulation/data sheets and non-
assessment of the candidates appearing in Physics and Botany at that time or
any time before issuance of notification dated 29.02.2024. This allegation is
made at a very late stage of issuance of notification dated 18.07.2022. It is
explained that the outside expert would not sign on the blank tabulation sheets.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 82 of 89

Two experts who participated physically in interview for Physics and Botany
subject also asserted that they assessed the candidates. It is clarified that the
scope of vigilance inquiry is to examine the disappearance of the tabulation
sheets of Physics and Botany subjects after declaration of result vide notification
dated 29.02.2024.

[72] From the pleading on record, it is clear that the former VC
asserted in his affidavit that Selection Committee properly assessed the
candidates and markings were made against each candidate. The outside subject
experts, participating online in six subjects including Physics and Botany later on,
signed on the tabulation sheets and other documents of the proceeding; their
signatures were collected by the Registrar on the advice of the former VC; and
the Registrar submitted the signed documents to former VC. Moreover, two
subject experts (of Physics & Botany) participating physically, submitted letters
to VC confirming the fact that they assessed the candidates on the basis of their
performance. The Registrar never raised the issue of blank tabulation sheets for
Physics and Botany at the time of collecting the signatures of outside subject
experts attending online and during/before the meeting of Syndicate held on
27.02.2024. Considering the materials on record, this Court is of the view that
there were proper documents for Physics and Botany at the time of meeting of
Syndicate held on 27.02.2024 and the same might have been misplaced or
disappeared at a later stage. This view is fortified by the decision of Hon’ble
Supreme Court in the case of Bharat Singh v. State of Haryana: (1988) 4
SCC 534 to the effect that in a writ petition and/or counter affidavit, not only
facts but also the evidence in proof of such facts have to be pleaded and
documents annexed to them. Para 13 is reproduced below:

“13. ………………… In our opinion, when a point which is ostensibly a
point of law is required to be substantiated by facts, the party raising the
point, if he is the writ petitioner, must plead and prove such facts by
evidence which must appear from the writ petition and if he the
respondent, from the counter-affidavit. If the facts are not pleaded or
the evidence in support of such facts is not annexed to the writ petition
or to the counter-affidavit, as the case may be, the court will not

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 83 of 89
entertain the point. In this context, it will not be out of place to point out
that in this regard there is a distinction between a pleading under the
Code of Civil Procedure and a writ petition or a counter-affidavit. While
in a pleading, that is, a plaint or a written statement, the facts and not
evidence are required to be pleaded, in a writ petition or in the counter-
affidavit not only the facts but also the evidence in proof of such facts
have to be pleaded and annexed to it. ……”

[73] In the present cases, the petitioners have specifically pleaded the
relevant facts of assessment of marks by experts in the interview for Physics and
Botany and filed necessary documents to substantiate such positive assertions.
Letters of the subject experts in this regard are on record of the present cases.
The former VC has also specifically mentioned in his counter affidavit that the
subject experts and the Selection Committee made assessment of all candidates
appearing in the interview, including candidates appeared for Physics and
Botany. The official respondents have not produced any materials to deny and
controvert the positive assertions of the former VC and subject experts about the
proper evaluation of all candidates appeared in interview for Physics and Botany,
except for allegation of blank tabulation sheets as recorded in the proceedings
of the Syndicate meeting held on 18.07.2024. The silence of the Registrar
regarding blank tabulation sheets at the time of collecting signatures of experts
attended online and at the time of Syndicate meeting held on 27.02.2024, seems
to suggest that the tabulation sheets and other documents were present at the
time of Syndicate meeting held on 27.02.2024 and issuance of notification dated
29.02.2024. It is expected that the outside subject experts who have participated
in the interview online, would not signed on the blank tabulation and score sheets
of the interview for Physics and Botany. It seems that the tabulation sheets and
other related documents for Physics and Botany were missing or found blank
during the proceeding of Syndicate held on 18.07.2024. The vigilance inquiry is
perhaps to find out the manner of disappearance of tabulation sheets for Physics
and Botany. Blank tabulation sheets and non-assessment of the candidates for
Physics and Botany as allegedly discovered at the time of Syndicate meeting held
on 18.07.2024, does not automatically mean that such papers were also non-
existent during Syndicate meeting held on 27.02.2024, keeping in mind the

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 84 of 89
uncontroverted averments of the former VC and views of the subject experts
filed along with the petitions. Accordingly, objection to disputed facts does not
find merit for serious consideration to this Court in absence of credible materials
from the official respondent to controvert the pleas of the petitioners, counter
affidavit of the former VC and letters of the subject experts.

[74] The other plea, such as ‘no indefeasible right of the petitioners to
be appointed’ does not warrant further consideration for the simple reasons that
the petitioners had already been appointed as Assistant Professors in Physics and
Botany vide notification dated 29.02.2024 on approval by the Syndicate in its
meeting held on 27.02.2024 the recommendations of the Selection Committee.
Their appointments were subsequently cancelled by the notification dated
18.07.2024. The petitioners had already accrued vested rights. Accordingly, all
the objections to the maintainability of writ petitions and applications are rejected
being devoid of merit. ‘Points for Determination I’ is accordingly decided.

Whether the result of appointment of Assistant Professors in Physics
and Botany vide Notification dated 29.02.2022 can be cancelled by
another subsequent notification dated 18.07.2024 on the ground of
blank tabulation sheets for these two subjects?

[75] In Para 61 (supra), it has been held and observed that in terms
of Statute 13(i) of Second Schedule of DMU Act, 2017, the ‘Syndicate’ is the
competent authority of the University to make appointment to the post of
teachers including the Assistant Professors on the recommendations of a duly
constituted ‘Selection Committee of Teachers’ in terms of Statutes 26(ix), 27(iv)
& 27(v). Further, the Syndicate may not accept the recommendation of ‘single
person’ for appointment as teacher and may direct for fresh advertisement.
However, in case ‘multiple persons recommendations’ made by the Selection
Committee for appointment of teachers, the Syndicate cannot reject the
recommendations and has to refer, by recording reasons in writing, to the
Chancellor for taking appropriate decision. Statute 13 does not confer any power
to the Syndicate to annul its earlier decision. The power to annul any proceeding
of the University including the ‘multiple persons recommendations’ of the
Selection Committee and ‘earlier decision’ and/or ‘proceeding’ of the Syndicate,

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 85 of 89
can only be exercised by the Chancellor under Section 12(8) of the Act, if such
proceedings/decisions are in contravention of the schemes of the Act, the
Statutes or the Ordinances. Thus, it is crystal clear that the Syndicate does not
have any power to annul its earlier decision and such power of annulment of any
proceeding of DMU is the exclusive domain of the Chancellor. Further, in Para 72
& 73 (supra), it has also been observed that based on the pleadings on record
and documents annexed, there are not sufficient materials to believe theory of
blank tabulation sheets and absence of other relevant documents of Physics and
Botany at the time of the Syndicate meeting held on 27.02.2024 and issuance of
notification dated 29.02.2024. It is held that the Syndicate has no power to
cancel the notification dated 29.02.2024 by issuing a subsequent notification
dated 18.07.2024. Accordingly, cancellation of result of Assistant Professors for
Physics and Botany, on the ground of blank tabulation sheets and non-
assessment of candidates, cannot be sustained. ‘Points for Determination VI’ is
also decided.

Status of WP(C) Nos. 728 of 2024 & 580 of 2025 filed by unsuccessful
candidates in Botany

[76] As already discussed in Para 53(xiii) (supra) that writ petition
WP(C) No. 728 of 2024 is filed by some of the unsuccessful candidates in Botany
whose names have not been included in both the notifications dated 29.02.2024
and 18.07.2024. The substantive relief prayed for is for a direction to hold fresh
interview for Botany in terms of notification dated 19.07.2024 issued by the
Registrar as per Resolution no.2 of Agenda I of the proceedings of the emergency
Syndicate meeting held on 18.07.2024 in connection with Advertisement No.
03/2020 dated 19.12.2020. There is a prayer for vacating the interim order dated
29.07.2024 passed in connected writ petitions staying the notification dated
19.07.2024 for fresh interview for Physics and Botany. The stay order dated
29.07.2024 was subsequently modified by another order dated 22.08.2025
permitting DMU to conduct fresh interview for additional ‘9’ and ‘7’ seats in
Physics and Botany and keeping the stay order confined to ‘4’ seats each for
these subjects already appointed vide notification dated 29.02.2024. Thereafter,
DMU has initiated process for fresh interview for the additional seats as permitted

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 86 of 89
by this Court. In the circumstances, the cause of WP(C) No. 728 of 2024, praying
for direction for holding interview for Botany, does not survive any longer and
the same is closed as infructuous by the subsequent event.

[77] The only prayer in WP(C) No. 580 of 2025 is for cancellation of
notification dated 29.02.2024 recommending appointment of Assistant
Professors in Botany due to allegation of blank tabulation sheets and for a
direction to complete the ongoing inquiry. This Court is of the opinion that the
notification dated 29.02.2024 has already been superseded by subsequent
notification dated 18.07.2024 read with Addendum dated 18.07.2024 and as
such the same does not exist on the date of filing of WP(C) No. 580 of 2025. It
is a common law principle that writ petition praying for quashing of a non-
existent impugned order is not maintainable. Accordingly, it is held that WP(C)
No. 580 of 2024 is not maintainable in the present form and accordingly
dismissed without expressing any opinion on merit of the case. With regard to
the prayer for completion of inquiry about blank tabulation sheets in Botany, it
is made clear that this Court has not passed any order including stay of the
inquiry and hence no further direction is warranted from this Court.

Decisions & Conclusions:

[78] In view of the discussions and findings arrived above (supra), the
following observations and directions are made:

(i) WP(C) Nos. 633 of 2024, 501 of 2024, 495 of 2024 & 486 of 2024
are maintainable and accordingly allowed.

(ii) ‘Syndicate’ is the competent authority to make appointment of
teachers of the University on the recommendation of the duly constituted
Selection Committee on co-joint reading of Statutes 13(i), 26(ix), 27(iv)
& 27(v) of Second Schedule of DMU Act, 2017.

(iii) ‘Syndicate’ does not have power to annul or cancel its earlier
decisions and such power lies with the ‘Chancellor’ under Section 12(8)
of DMU Act, 2017.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 87 of 89

(iv) ‘Syndicate’ does not have any power to annul or reject ‘multiple
persons recommendations’ made by the ‘Selection Committee’ for
appointment of as ‘teachers’ of the University including to the post of
‘Assistant Professor’ in terms of Statutes 13 & 27(v) of Second Schedule
of DMU Act, 2017.

(v) Only the ‘Chancellor’, under the provisions of sub section 8 of
Section 12 of DMU Act, 2017, has the power to annul ‘any proceeding’
of the University including the ‘multiple persons recommendations’ of the
Selection Committee for appointment as teachers and the ‘earlier
decisions of the Syndicate’.

(vi) DMU does not require prior approval of the State Government for
recruitment and appointment of its employees including that of the
Assistant Professors in terms of Office Memoranda dated 16.08.2021 &
11.04.023 issued by Department of Personnel, Government of Manipur.

(vii) ‘Vice Chancellor’ has exclusive power to convene meeting of the
authority of the University including that of Syndicate under Statute 3(iii),
except for the situation contemplated under Statute 7(iv)(d).

(viii) The ‘resolution no.2 of Agenda I’ of the proceedings of the
emergency Syndicate meeting held on 18.07.2024 with regard to
cancellation of appointment of ‘4’ Assistant Professors each in Physics
and Botany [i.e., ‘8’ in total] are set aside with a direction to include the
names of the ‘4’ Assistant Professors each in Physics and Botany [i.e., ‘8’
in total] from notification dated 29.02.2024 in Tables ‘A’ and ‘C’ of the
notification dated 18.07.2024 in the same order as mentioned in
notification dated 29.02.2024.

(ix) Dhanamanjuri University is directed to issue appointment orders
to the ‘six writ petitioners’ in WP(C) Nos. 633 of 2024, 501 of 2024, 495
of 2024 & 486 of 2024 forthwith; whose names are as mentioned in Para
5 (supra).

(x) Notification dated 19.07.2024 issued by the Registrar, DMU for
fresh interview in Physics and Botany has already been modified by order
dated 22.08.2025 by allowing DMU to hold fresh interview for additional
seats of ‘9’ and ‘7’ post of Assistant Professors in Physics and Botany.

WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs. Page 88 of 89

New appointees in Physics and Botany in terms of notification dated
19.07.2024, will be placed below the petitioners in WP(C) Nos. 633 of
2024, 501 of 2024, 495 of 2024 & 486 of 2024; as they would be new
appointees from subsequent interview and whose names were not
included in both notifications dated 29.02.2024 & 18.07.2024. Interim
orders dated 29.07.2024 and 22.08.2025 merge with final order in terms
of direction in Para 78(ix).

(xi) WP(C) No. 728 of 2024 is closed as infructuous in view of the
order dated 22.08.2025 allowing DMU to hold fresh interview for
additional seats, i.e., ‘9’ & ‘7’ posts of Assistant Professor in Physics and
Botany.

(xii) WP(C) No. 580 of 2025 is dismissed as not maintainable.

(xiii) All misc. applications are disposed of in terms of the findings,
directions and observations made, supra, in this judgment.

[79] Writ petitions and applications are disposed of in terms of the
above findings, observations and directions. No cost. Send a copy of this order
to the Registrar, DMU for information and necessary compliance.





                                                                               JUDGE
                       Digitally signed by
         OINAM         OINAM THOIBA MEITEI
         THOIBA MEITEI Date: 2026.04.09
                       13:45:49 +05'30'
        FR/NFR

        Thoiba




WP(C) Nos. 633, 501, 486, 495, 728 of 2024 & 580 of 2025 with MCs.                   Page 89 of 89

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