RUTH JOAN SINGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D Chakrabarty, learned counsel for the petitioner, Mr. UK Nair, learned senior counsel for the respondent No.4 and Mr. SMT Chisti, learned counsel for the respondent Nos. 1, 2 and 3.

(2.) The petitioner, who is an Assistant Teacher in the Emmanuel English HS School, Pailapool in the Cachar district is aggrieved by an order of suspension dated 02.01.2021 of the Principal-Secretary of the Emmanuel English HS School. On a query being made on the maintainability of a writ petition against an order of suspension passed by the PrincipalSecretary of a private school, Mr. D Chakrabarty, learned counsel for the petitioner refers to Section 27 of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 (in short Act of 2006), wherein inter-alia it is provided that except as expressly provided in the Act, no decision or order made in exercise of any of the powers conferred by or under the provisions of the Act of 2006 shall be questioned in any Civil Court. On a query being put as to under which provisions of the Act of 2006 the order of suspension was passed, reference is made to the order itself wherein it is provided that the petitioner was suspended under the proviso to Section 15(2) of the Act of 2006 read with Section 17(a) (b)(f) of the Assam Non-Government Educational Institutions (Regulation and Management) Rules, 2007 (in short Rules of 2007).

(3.) The proviso to Section 15(2) of the Act of 2006 is extracted below:-