JEHAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE matter relates to the discharge of the petitioner from the services of the particular College of which he was the Principal. In the first writ petition, the challenge is regarding suspension and in the second writ petition, the challenge is regarding the order of discharge from service. Both the writ petitions have been heard together and are being disposed of by this common judgment and order.

(2.) THE issue involved is in a very narrow campus, whether the subject matter is amenable to writ jurisdiction. While it is the case of the petitioner that the College being in receipt of adhoc grants-in-aid from the Government, it can not be said to be a purely private college and thus the matter pertaining to discharge from service of an employee of the college can be looked into by the writ court exercising its power and jurisdiction under Article 226 of the Constitution of India. It is the case of the respondents that the college being a purely private one and there being no control of the Government in the matter of appointment and removal of the employees of the college, the writ petition is not maintainable as no direction can be issued to a private body exercising power and jurisdiction under Article 226 of the Constitution of India.

(3.) BY Annexure-E letter dated 31. 8. 2008, the President of the Governing Body of the College asked the petitioner to furnish reply within 15 days from the date of issue of the letter in respect of the charges mentioned in their letter. By the said letter, the petitioner was also placed under suspension. Making a challenge to the said letter dated 31. 8. 2008, placing the petitioner under suspension and also asking him to show cause in respect of the charges mentioned in the letter, the petitioner filed the first writ petition being WP (C) No. 4094/2008, which was entertained by order dated 24. 9. 2008.