Meghalaya High Court
Cmj Foundation & Ors. vs . State Of Meghalaya & Ors. on 27 May, 2021
Serial No. 01 HIGH COURT OF MEGHALAYA
Regular List AT SHILLONG
MC [WP(C)] No. 67 of 2021
In WP(C) No. 177 of 2014
Date of order: 27.05.2021
CMJ Foundation & Ors. Vs. State of Meghalaya & Ors.
Coram:
Hon'ble Mr. Justice Biswanath Somadder, Chief Justice
Appearance:
For the Petitioner/Appellant(s) : Mr. A.P. Singh, Adv.
For the Respondent(s) : Dr. N. Mozika, Special Counsel for the
State with Mr. Philemon Nongbri, Adv.
This miscellaneous application, being MC [WP(C)] No. 67 of 2021, has been filed in connection with a writ petition, being WP(C) No. 177 of 2014, consequent upon a judgment and order rendered by the Division Bench of this Court on 6th May, 2021, in Writ Appeal No. 14 of 2017.
The appeal, being Writ Appeal No. 14 of 2017, was preferred by the State of Meghalaya. It was allowed by quashing and setting aside the judgment and order dated 16th July, 2015, passed by a learned Single Judge in WP(C) No. 177 of 2014. In terms of the said judgment and order dated 6th May, 2021, passed by the Hon'ble Division Bench of this Court, the matter has now been remanded before a learned Single Judge to take appropriate decision regarding the validity of the order dissolving the University, on merit.
In the instant miscellaneous application, the applicants, being the writ petitioners, have prayed, inter alia, for the following relief:-
"a) Stay the order of dissolution of Petitioner University issued by the Government of Meghalaya dated 31.3.2014 pending final adjudication of the above Writ Petition on merits in terms of the liberty given by the Division Bench of this Hon'ble Court in Writ Appeal No. 14 of 2017 dated 6.5.2021 and as stay granted by the Hon'ble Supreme Court in SLP (C) No. 21890 of 2017 was continuously operating all through the proceeding protecting the functioning of the Petitioner University from for more than 7 years since 16.7.2015".1
A bare perusal of the judgment and order of the Hon'ble Division Bench dated 6th May, 2021, reveals that while disposing of the appeal, the Court has directed both parties to maintain status-quo as to the order of dissolution of the University for a period of two weeks from date of the decision (i.e., 6th May, 2021).
Against the judgment and order dated 6th May, 2021, passed by the Division Bench, it appears that the respondents in the appeal (being the writ petitioners) have moved the Hon'ble Supreme Court by filing a Special Leave Petition on 12th May, 2021. The matter is yet to be heard by the Hon'ble Supreme Court. In the meanwhile, the order of the Division Bench to maintain status-quo with regard to the order of dissolution of the University expired on 20th May, 2021. The instant miscellaneous application has been filed only on 24th May, 2021. A representation by the Advocate- on-Record praying for urgent hearing of the matter was made before the learned Joint Registrar (Listing) on the same day (i.e., 24th May, 2021).
Considering the above facts and circumstances, this Court is of the view that for the sake of maintaining judicial propriety, this application may stand adjourned for a period of three weeks from date without the Court passing any order, at this stage. If, in the meanwhile, the Hon'ble Supreme Court takes up the Special Leave Petition for consideration and any order is passed thereupon, the parties are directed to intimate this Court, forthwith.
(Biswanath Somadder) Chief Justice Meghalaya 27.05.2021 "Sylvana PS"
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