PARIMAL CHAKRABORTY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The question to be answered in this writ petition is whether the teacher of a private college receiving grant-in-aid from the State is entitled to invoke the writ jurisdiction of this Court under Article 226 of the Constitution for reinstatement to the post of Principal held by him before reversion.

(2.) The petitioner was appointed as lecturer in the Department of Philosophy in Raid Laban College, Shillong. He responded to an advertisement and applied for the post of Principal in the Tikrikilla College, Tikrikilla. The Governing Body on completion of selection process Vide Resolution dated 30.12.89 approved his appointment as Principal. Thereafter, the Petitioner was appointed as Principal on regular basis with effect from 31.12.89 on a consolidated pay of Rs.2,000/- per month. Because of certain alleged irregularities and deficiencies on his part, the Governing Body vide Resolution dated 25.6.98 decided to degrade him to the post of Lecturer. The respondent No. 4 vide order dated 17.6.98, while forwarding the copy of the Resolution of the Governing Body, directed him to hand over the charge of the office of the Principal to respondent No. 5 and continue to work as Lecturer of Philosophy against a non-sanctioned post. Accordingly, the petitioner handed over the charge of the office of the Principal on 6.7.98 to the respondent No.5 and submitted a representation for reinstatement to the post of Principal. The said representation was not considered and hence, the petitioner preferred this petition for reliefs indicated above.

(3.) I have heard Shri S. Dutta. the learned counsel for the writ petitioner and also Mr. B.P. Mauzal, Mr M.K. Deb and Mr S.K. Deb, the learned counsel for the respondents.