HAFIZ UDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the respondents No.1 and 2 being the authorities under the Higher Education Department of the Govt. of Assam and Mr. M. Hussain, learned counsel for the respondents No.3 and 4 being the Governing Body of the Nabajyoti College, Kalgachia, Mr. M.K. Choudhury, learned senior counsel assisted by Mr. M. Sarma, learned counsel for the respondent No.5 and Mr. A. Chamua, learned counsel for the respondent No.6 being the UGC.

(2.) The petitioner No.1 who is a social worker, the petitioner No.2 who is an elected member of Bolaipather Gaon Panchayat and the petitioner No.3 who is a businessman, institute this petition for a writ in the nature of quo-warrento assailing under what authority of law the respondent No.5 Shahjahan Ali Ahmed is holding the post of Principal of Nabajyoti College in the district of Barpeta or to be put in a different manner alleging that the respondent No.5 had usurped the office of the Principal of Nabajyoti College.

(3.) It is contended that Nabajyoti College is a provincialised college under the Govt. of Assam and as such, the office of the Principal of the college would be a public office and therefore, a writ of quo-warrento would be maintainable.