LAWS(GAU)-2017-4-22

DIBYA KUMAR RAJKHOWA Vs. STATE OF ASSAM

Decided On April 18, 2017
Dibya Rajkhowa Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned standing counsel, Higher Education Department, appearing for respondent Nos.1 and 2, and Mr. P. Mahanta, learned counsel appearing for newly impleaded respondent No.6, who is the Secretary of the Governing Body of Swahid Maniram Dewan College, Charing. None appears for respondent Nos.3, 4 and 5, despite the names of the learned counsel being shown in the cause-list. The respondent Nos.3 and 4 are the Governing Body of Swahid Maniram Dewan College, Charing and its President, respectively. The respondent No.5 is the Selection Committee to the post of Principal of Swahid Maniram Dewan College, Charing.

(2.) The respondent No.6 had filed an application for vacation of the interim order dated 201.2016, registered as I.A (Civil) No.2341/2016.

(3.) The learned counsel for the parties submit that having regard to the issues involved, instead of taking up the application for vacating the interim order, it will be more appropriate to consider and dispose of the writ petition itself. It is further submitted by Mr. Mahanta that as the respondent No.6 represents the Governing Body, being the Secretary, there will be no impediment for disposal of the writ petition, even though the counsel for the respondent Nos.3, 4 and 5 are not present, as the interest of the respondent Nos.3, 4 and 5 is suitably protected by the respondent No.6.