ABDUL KADIR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present Civil Rule has been fied by the petitioner, Abdul Kadir, praying that the order No. GRN/4/95/215 dated 28.9.95 passed by the Director of Secondary Education, Assam(Annexure-XI) be quashed.

(2.) We have heard Mr. H.N. Sarma, learned counsel for the petitioner, Dr. Y.K. Phukan, learned counsel for the private respondents and Mr. B. Banerjee, learned Additional Senior Government Advocate for the State of Assam appearing for the State-respondents. It may also be noted that in this case, in pursuance of our direction, Sri B.N. Dutta, Deputy Director of Secondary Education, Assam, is personally present and has produced before us the original records pertaining to this case.

(3.) The brief facts for the purposes of adjudicating the disputes raised in the present Civil Rule are that in the district of Morigaon, admittedly, there is a Girls' High School known as 'Borthal Kacharigaon Girls' High School. The dispute in this case is regarding the Managing Committee which is entitled to run the affairs of the aforesaid School under the provisions of the Assam Aided Higher Secondary, High & Middle Schools Management Rules, 1976 (hereinafter referred to as the Rules, 1976). Under the impugned order contained in Annexure-XI dated 28.9.9S, the Director of Secondary Education, Assam, has approved the constitution of the Managing Committee.