MANESWAR BARMAN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) ADMITTEDLY the writ petitioner has been working as Principal and Ex -officio Secretary as well of the Governing Body (for short "GB") of the Digboi College since 27.10.1997 as normally the Principal of the College has to act as Ex -officio Secretary of the "GB" as per law. On 7.10.2002 the Respondent No. 2, the Director Higher Education, Assam being the competent authority and empowered by Rule 3 of the Assam Non -Government College Management Rules, 2001 (as amended) (for short, the 'Rules') constituted the. 'GB' of the said College as follows -

(2.) IN terms of the above constitution, the petitioner being the Principal of the College has continued to be the Ex -officio Secretary of the "GB". But to his utter surprise, while the Petitioner has been functioning as Secretary of the "GB", the Respondent No. 2 vide his order dated 21.1.2003 (Annexure -B to the writ Petition) nominated one Shri S. S. Roy Choudhury, Vice Principal of the said College, the Respondent No. 4 as Secretary of the "GB" of the College with immediate effect and the said order is also quoted hereunder -

(3.) I have heard Mr. B.C. Das, learned counsel appearing on behalf of the writ Petitioner and Mr. C.K. Sarma Baruah, learned Sr. counsel assisted by Mr. J.K. Parajuli, the learned counsel appearing on behalf of respondent Nos. 3 and 4. Also heard Ms. Rekha Chakraborty, the learned State counsel appearing on behalf of State/Respondents.