RAHUL AMIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution the petitioner has challenged Annexure-IX Order dated 3.5.95 issued by the Director of Public Instruction, Assam - the respondent No. 2 reconstituting a Governing Body for a period of three years with effect from the date of issue of the order and also prayed for issuance of an appropriate writ or direction for approval of the Governing Body constituted by the General Committee of the College on 13.11.94 (Annexure-V).

(2.) The case of the petitioner is that in the year 1981 people of Mairabari, Laharighat, Dhing and Alitangori Mouza of Marigaon District decided to establish a College at Mairabari with the fund that may be raised from the public. After the decisions the College was established with the finance received from the people of the locality. In 1984 the Government of Assam had sanctioned a sum of Rs. 2000/- as Government grant to the said College (Mairabari College). At that time the monthly expenditure of the College for salary of the teaching and non-teaching staff and administrative expenses was about Rs. 25,000/-. The College so established made considerable progress and was affilitated to the University.

(3.) According to the petitioner Mairabari College is a Government Aided College. However, the College does not receive any deficit grant by the Government. Therefore, it is not a deficit aided College.