AKHIL CH SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this Civil Rule the petitioner has challenged the Annexure-IX order dated 19.1.96 issued by the 3rd respondent-Director of Public Instruction, Assam, withdrawing the Notification by which the Governing Body of the S.B. Deorah College was constituted and Annexure-X order dated 20.1.96 constituting a new Governing Body of the said College and the Annexure-XI letter issued by the President of the newly constituted Governing Body and also Annexure-XII order dated 27.1.96 releasing the petitioner, the then Principal-in-charge of the College and directing him to hand over charge to Mrs. Malaya Barman and also prayed for issuance of a writ in the nature of Mandamus and/or any other appropriate writ or a direction for quashing the aforesaid orders and Notifications.

(2.) The subject matter of the present writ petition relates to constitution and reconstitution of Governing Body of the S.B. Deorah College, In the year 1984 the Ulubari College (later named as S.B. Deorah College) was established with due permission from Assam Higher Secondary Education Council. At that time the College was managed by a steering committee constituted by the public of the locality. The College at the time of filing of the writ petition had classes upto B.A. The College was a Venture College at that time,

(3.) The petitioner was a lecturer of Cotton College. He attained the age of superannuation from the Government Service in Cotton College in the month of April, 1992. However, his services were extended till the month of November, 1992. He retired from the Cotton College as Professor. Thereafter, he was appointed Principal of the said S,B. Deorah College. His appointment was issued by the then President of the steering committee of the College. He took over charge from Shri B. Das who served the College till then. Pursuant to the order of appointment the petitioner joined the College as Principal. At the time of filing of the writ petition the petitioner was aged about 62 years and according to him under the norms of the University Grants Commission he was entitled to be re-employed upto the age of 65 years. Mrs. Malaya Barman was also appointed teacher of the College at the Higher Secondary stage. Petitioner contends that she did not possess the UGC norms to be appointed teacher of a full fledged College. By Annexure-II Notification dated 14.7.94 the 3rd respondent reconstituted a Governing Body of the S.B. Deorah College appointing Dr. Pratap Pathak President of the said Govering Body. By Annexure-III Notification dated 11.8.94, the 3rd respondent in partial modification of the- earlier Annexure-II Notification dated 14.7.94 replaced Dr. Pratap Pathak by nominating the Deputy Commissioner of Kamrup as President of the Governing Body of the said College. According to the petitioner after reconstitution of the Governing Body attempts were made to oust the steering committee. In a meeting held on 27.7.95 a resolution was adopted for appointing a qualified regular Principal of the College and till such appointment petitioner was to continue as Principal.