NUR SAHED ALI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THE judgment and order dated 16.2.2012 rendered in Writ Appeal No. 31/2012 sustaining the decision dated 8.2.2012 delivered in WP(C) No. 547/2012 is sought to be reviewed by the instant application. The review applicants/petitioners, admittedly, had not been impleaded as parties in the above referred proceedings. We have heard Mr. BD Konwar, learned counsel for the review applicants; the learned Standing Counsel, Education Department, Govt. of Assam; Mr. SN Sarma, learned senior counsel for the respondent No.4, Governing Body of Borkhetri College (for short, hereinafter referred to as 'the College'); Mr. PD Nair, learned counsel for the respondent No.5 and Mr. S Haque, learned counsel for the respondent No.9.

(2.) THE aforesaid writ proceeding was registered on an application under Article 226 of the Constitution of India filed by the respondent No.9 herein seeking the following reliefs:

(3.) THE learned Single Judge noticing the reliefs prayed for as above recorded the stand of the learned Standing Counsel, Education Department that the College was a privately managed one and thus was not amenable to the writ jurisdiction of this Court. Reliance was placed on the decision of this Court in Mubarak Hussain & Anr. -vs - State of Assam & Ors., : 2008 (1) GLT 615 and also the judgment and order dated 28.7.2010 passed in WA 227/2010 (Md. Ali Haider -vs - State of Assam & Ors.) to this effect. The learned Single Judge accepting this plea on behalf of the State respondents concluded that the writ petition was not maintainable and accordingly dismissed the same, however, leaving the writ petitioner/respondent No.9 at liberty to pursue some other legal remedy as may be available to him.