The State Of Manipur Through The ... vs Shri Mayanglambam Chitaranjan Singh on 28 July, 2025
[39] After the hearing was concluded on 15.07.2025 and reserving
the writ appeals for judgment, Mr. Th. Sukumar, learned GA submitted his
written submissions dated 23.07.2025 taking a totally different stand which
has not been pleaded in the counter affidavit before the writ court nor in the
memo of appeal before the writ court. In the written submissions, the State
WA No. 92 of 2023 with
WA No. 102 of 2023
Page 11
appellant raises for the first time (i) the plea of fraud by the respondent Nos. 1
& 2, (ii) the respondent Nos. 1 & 2 not coming with clean hands and hence not
entitled to any relief, and (iii) cut-off date for absorption as on 17.12.2016 on
the basis of subsequent notification issued after the date of order by the writ
court. Learned GA has mentioned the following case law in his written
submissions: (i) A. V. Papaya Sastry v. Govt. of A.P.: (2007) 4 SCC 221-
judgment obtained by playing fraud on court is a nullity; (ii) Dalip Singh v.
State of U.P.: (2010) 2 SCC 114- petition coming with unclean hand can be
thrown at the very threshold without considering on merit; (iii) Ramjas
Foundation v. Union of India: (2010) 14 SCC 38- person coming with
unclean hands is not entitled to any relief under Articles 32, 226 and 136 of
the Constitution of India; (iv) M/s Bhikuse Yamasa Kshatriya (P) Ltd. v.
Union of India: (1964) 1 SCR 860- selective application of law as per
exigencies is permissible; (v) Union of India v. M/s Parameswaran Match
Works: (1975) 2 SCR 573- classification can be based on a particular date
and the same is not always arbitrary; (vi) Dr. Sushma Sharma v. State of
Rajasthan: (1985) Supp SCC 45- fixing of a date for the purpose of the
eligibility is per se not arbitrary; and (vii) Ramarao v. All India Backward
Class Bank Employees Welfare Association: (2004) 2 SCC 76- cut-off date
cannot be faulted only on the ground that some persons fall outside the wrong
side of such date.