HARWE INGTI KATHARPI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Sarania, learned counsel for the petitioner. Also heard Mr. D Upamanyu, learned counsel for the Higher Education Department, Government of Assam and Mr. J Chutia, learned counsel for the respondents in the Karbi Anglong Autonomous Council.

(2.) The order dtd. 3/7/2023 of the Additional Director of Education Karbi Anglong Autonomous Council (for short, KAAC) is assailed in this writ petition by which the writ petitioner, Dr. Harwe Ingti Katharpi, Assistant Professor and H.O.D. in the Department of History at Rukasen College, Bakalia, Karbi Anglong is placed under suspension pending drawal of departmental proceeding. The order of suspension dtd. 3/7/2023 is assailed on a preliminary ground that the Additional Director of Education KAAC being an authority under the KAAC and not being an authority in the Government of Assam in the Higher Education Department does not have the jurisdiction to pass an order of suspension in respect of an Assistant Professor in a college, inasmuch as, college education is not a transferred subject to the KAAC under the Sixth Schedule to the Constitution of India.

(3.) Mr. J Chutia, learned counsel for the KAAC refers to the Notification No.HAD.57/95/268-269 dtd. 25/9/1996 of the Governor of Assam made under paragraph 6 (2) of the Sixth Schedule to the Constitution of India by which at Entry 23, college education, in general, had also been included as a transferred subject to the KAAC.