DAL PATHAK Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. S.K. Medhi, learned counsel for the petitioner as well as Mr. M. Mahanta, learned counsel representing Respondent Nos. 1 & 2. Mr. N. Upadhyay, learned counsel represents Respondent No. 3. The governing body of M.C. College as well as the Principal of the College are represented by Senior Counsel Mr. K.H. Choudhury assisted by Mr. S.K. Muktar. In so far as Respondent No. 6 is concerned, service upon him is deemed to be complete in terms of the Office Note dated 29.04.2015. Considering the nature of the order that is being passed today, service of notice upon Respondent No. 7 is not deemed necessary.

(2.) The petitioner is the Head of the Department of Mathematics of Madhav Choudhury College, Barpeta. Additionally, he has also been selected and appointed as Associate N.C.C. Officer (ANO) by the Board of Officers of National Cadet Corps (NCC) on 29.01.2008, followed by approval thereof. The petitioner was also made to undergo pre-commission training course which he had duly completed. According to the petitioner such selection and appointment of the petitioner as an ANO was done in strict accordance with the provisions under the National Cadet Corps Rules, 1948 framed under the National Cadet Corps Act, 1948.

(3.) The controversy arose on and from the date when a Resolution was adopted by the Governing Body of the College on 29.07.2013 whereby it was resolved to replace the petitioner with another Prof. Harihar Deka of the Department of Political Science to discharge function as the N.C.C. Officer of the College. To that end, a copy of the Resolution dated 29.07.2013 was duly forwarded to the Commanding Officer, 7 Assam Bn. NCC on 05.08.2013 requesting for necessary action. The petitioner was also informed by the Principal of the College by letter dated 19.08.2013 indicating that the Governing Body had adopted a resolution to rotate the I/C Professor of NCC College Unit in order to improve the academic environment of the Department of Mathematics. By the said letter it was also indicated that intimation to that regard have also been sent to the Headquarter, 7 Assam Bn., N.C.C., Dhubri. It was also indicated that the petitioner is to hand over charge of N.C.C. Unit of the College by 31 August, 2013.