BINOY KUMAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) IN challenge is the notification No. B (2) H. 429/94/245 dated 6. 6. 2007 of the Additional Secretary to the Government of Assam, Education (H) Department, transferring the respondent No. 6, a Lecturer in Sanskrit, Nyaya Darshan of K. K. Handique Government Sanskrit College, Jalukbari (hereafter referred to as the College) to the Cotton College, Guwahati, the judgment and order dated 5. 9. 2007 passed by the learned Assam Administrative Tribunal in Appeal Case No. 36 ATA/2007 as well as the communication dated 7. 7. 2007 of the Secretary to the Government of Assam, Education (H) Department requiring the respondent No. 4 to release the respondent No. 6 pursuant to the aforementioned notification dated 6. 6. 2007.

(2.) I have heard Mr. K. K. Mahanta, Sr. Advocate for the petitioner, Mr. M. R. Pathak, learned Standing Counsel, Education Department for the State respondents, Ms. B. Choudhury, Advocate for the respondent No. 4 and Mr. P. C. Deka, Sr. Advocate assisted by Mr. N. Deka, Advocate for the respondent No. 6.

(3.) THE pleaded versions of the parties in short are unavoidable. The petitioner has introduced himself to be the General Secretary of the Students Union of the College having been elected to the said office for the academic year 2006-07 and has thus contended that being the representative of the said Student Body has the locus standi to file the writ petition. By an additional affidavit, the petitioner has brought on record a resolution taken by the aforementioned Body authorizing him to pursue this proceeding in the capacity of the Advisor thereof. Admittedly the petitioner meanwhile has demitted the office of the General Secretary of the Students Union on the expiry of his term. The petitioner has averred that the College imparts education exclusively in Sanskrit offering four major subjects in Kavya, Nyaya, Veda and Vedanta besides other related faculties. It has been averred that for the academic year 2006-07, four students opted for Nyaya major out of whom one student having failed in the first year, the remaining three are prosecuting their studies in the said discipline. The petitioner has stated that the respondent No. 6, a Lecturer who is entrusted to take classes in Nyaya major in the College being irregular, the students suffered seriously. As all the departments of the College including Nyaya-Darshana is manned by a solitary Lecturer, absence or non-attendance of the teacher implies practical break down of the faculty.