KIRTI CHANDRA PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) 1. As agreed to by the learned counsel for the parties these two writ petitions involving the same parties are taken up together for decision. A common question of law is involved in both the writ petitions and the reliefs sought for are consequential to one another.

(2.) In WP (C) No.8204 of 2002, the petitioner has made a challenge to Annexure VI order dated 29.8.2002 by which the respondent No.4 was nominated as the Secretary of the Governing Body of Sadiya College for a period of six months. It is the case of the petitioner that he is the founder Principal of Sadiya College and by virtue of operation of the relevant rules he became the ex-officio Secretary of the Governing Body of the college. By an order dated 30.1.2002, the Governing Body of the college was constituted for a period of three years and the senior-most Lecturer of the college was made the ex-officio Secretary in place of the Principal. Being aggrieved, the petitioner approached this Court filing WP (C) No.638 of 2002. This Court disposed of the writ petition by its order dated 9.8.2002 holding the appointment of the respondent No.3 therein namely Shri Haragobinda Barkakoty as ex-officio Secretary illegal and directed the State-respondent not to allow him to act as the ex-officio Secretary of the Governing Body of the college. Liberty was granted to the State-respondents to allow the writ petitioner to act as the ex- officio Secretary in the capacity of Principal of the college.

(3.) After the said order of this Court, the present respondent No.4 in the present writ proceeding was nominated to act as the Secretary of the Governing Body of the college by the impugned order dated 29.8.2002.