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[3] This Court issued notice. However, did not grant any stay of the impugned order.

[4] The main ground for challenge is that the meeting of the Governing Body held on 30.01.2025 was non-existence and the same was in violation of the provisions of Manipur Education Code, 1982. On 25.07.2025 when the matter was taken up for hearing and since the tenure of the impugned order was to expire on 03.08.2025 and without going into merit, this Court proposed to dispose of the present writ petition by passing an innocuous order directing the Governing Body of the Kumbi College to appoint the Principal of the College as per Manipur education Code, 1982. Mr. N. Mahendra, learned counsel for the respondent No.3 insisted that the writ petition be decided on merit and he raised the question of maintainability. In the circumstances, this Court is constrained to hear this matter on merit and makes an endeavour to dispose of the same before expiry of the tenure of the impugned order.

(iii) The procedure prescribed in the Manipur Education Code, 1982 for appointment of Principal of Aided College was WP(C) No. 112 of 2025 with MC(WP(C) No. 111 of 2025 with MC(WP(C) No. 174 of 2025 with MC(WP(C) No. 478 of 2025 Page 4 not followed in the present case prior to issuance of impugned order dated 03.02.2025.
(iv) As provided under Chapter XI Section IV Clause 18(c) of the Manipur Education Code, 1982, no person who does not possess the qualifications for similar post under the Government shall be appointed in an Aided College and in the present case, the Principal of Government College is to retire at the age of 62 years, even though a teacher can continue upto 65 years as a teaching faculty. In the present case, the respondent No. 4 exceeds the age of 65 years and as such, he cannot, even if, consider for appointment as teaching staff in the college, as no person beyond the age of 62 years can be appointed as Principal of Aided College.

[12] The respondent No.4's date of birth is 07.02.1960 and he has to superannuate on 06.02.2025 on attaining the age of 65 years. It is prayed that the impugned order dated 03.02.2025 be set aside and State respondent be directed not to issue any approval for appointment of Principal of Kumbi College in violation of Manipur Education Code, 1982.

[13] State respondent did not file any counter affidavit. However, Mr. Th. Sukumar, learned G.A. appearing on behalf of Mr. Y. Ashang, learned G.A., fairly concedes that till date, no approval has been accorded by the Director, University and Higher Education, Government of Manipur for appointment of the respondent No. 4 as Principal of Kumbi College.

[21] Learned senior counsel for the petitioner relies on the decision reported as (2013) 4 SCC 465 that writ petition can be filed for any order issued in breach of the statutory provision. Learned senior counsel for the petitioner refers to the decision reported as (2021) 4 SCC 57 to the effect that Society is the competent to espouse the cause of its members. It is stated that no specific instance of misrepresentation and concealment has been pointed out by the learned counsel for the respondent No. 3. It is also stated that Chapter XI Section I Rule 11 of the Manipur Education Code, 1982 will not be applicable, as the Governing Body is not aggrieved by any order passed by the Director of Education. It is further submitted the appointment of the respondent No.4 as Principal of Kumbi College was made in violation of the mandatory provisions of the Code of 1982 as pointed out above.