LAWS(GAU)-2008-9-39

ABU SAYED KHAN Vs. STATE OF ASSAM

Decided On September 26, 2008
Abu Sayed Khan Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Mr. B. D. Konwar, learned counsel for the Appellant/writ Petitioner. Also heard Mr. V. M. Thomas, learned standing counsel appearing for the official respondents.

(2.) THE appellant, who was nominated as the President of the Managing Committee of Jordanga Kuchnimara Arabic College by notification dated 29. 5. 2003 for a period of 3 years, had filed Writ Petition No. W. P. (C) 4029/06 to challenge the order dated 7. 8. 06 passed by the Govt. whereby the Govt. order dated 19. 7. 06 according approval (Annexure-P6 ) for reconstitution of the Managing Committee of the Madrassa for a fresh period of 3 years w. e. f. 30. 5. 06 was kept pending. By the 2nd reconstitution order dated 19. 7. 06 the writ petitioner was again nominated as the President of the Managing Committee. This was on the basis of an application made on 23. 5. 06 by the writ petitioner for extending the period of the Managing Committee constituted on 29. 5. 03.

(3.) IT is seen that the Management of Madrassas is governed by the Assam Madrassa Education (Provincialisation) Act, 1995 (hereinafter referred to as the "madrassa Act" ). It is also seen that the Government has also notified certain guidelines for constitution of the Managing Committee of the Government Aided Senior and Title Madrassas in the State. No Statutory Rules, however, appear to have been framed for the purpose.