SABINUS IGNATIUS EKKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The issue for adjudication in this proceeding relates to Constitution of Governing/Special Body of a Government Aided College, which arises out of the following circumstances.

(2.) By a notification dated 20-1-1999, issued under the signature of the Joint Secy. to the Govt. of Assam, Education (H) Department bearing No. B(2)H, 380/96/12, in exercise of the powers conferred under Rules 2 and 3 of the Assam Aided College Management Rules, 1976, hereinafter referred to as the Rules 1976, the Governor of Assam was pleased to constitute a Special Body for Dibru College, district Dibrugarh, with the following members :

(3.) Respondent No. 9 denied and disputed the contentions of the petitioners by filing an affidavit. The other respondents including the State of Assam as well as the Secretary to the Govt. of Assam, Education (H) Department, respondents Nos. 1 and 2, did not file affidavits.The respondents in its affidavit stated that as per the Notification dated 6-11-1997, the Government constituted a Special Body in which the respondent No. 9 was also a member. On assuming the responsibility, the Special Body constituted vide Notification dated 6-11-1997, started the process of rejuvenating the academic atmosphere of the Dibru College and took numerous steps for smooth functioning and welfare of the institution. When the authorities were initiating positive steps in the administration of the institution, the Special Body was arbitrarily dissolveld by the Government on 20-1-1999, by reconstituting another Special Body comprising of members which included the two petitioners. The respondent disputed the contention of the petitioners that the life of the Special Body prescribed for three years by the Statute. The respondent No. 9 supported the Governmental action in constituting the Special Body vide Notification dated 2-2-1999 (Annexure 3) as lawful.