ANAMIKA ACHARYYA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE appellant was appointed as lecturer in the college of the fourth respondent. She went on maternity leave on 14.7.2007. The management of the fourth respondent immediately after expiry of ninety days issued a show -cause notice on 30.11.2010 informing the appellant that her period of maternity leave expired and that she has overstayed and remained in unauthorised absent. The appellant replied to the said notice stating that her available maternity leave are 135 days and also stating that she has delivered two premature babies, therefore expressed her readiness to join duty. The management terminated the services of appellant by order dated 26th December, 2007. Aggrieved by the said order the writ petition[WP(C) 284/2008] was filed by the appellant.

(2.) THE learned single Judge dismissed the writ petition on the ground that the fourth respondent is a non -government college not receiving the deficit grants -in -aid and ad hoc grants -in -aid and the college being purely a private non -governmental institution the writ petition would not lie. The appellant aggrieved by the said order filed this appeal.

(3.) THE provisions of Rule 1(3), 3 and 18 of the Assam Non -Government College Management Rules, 2001 is extracted herein below for convenient reference.