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2018 DIGILAW 217 (GAU)

JOGENDRA NATH SARMA v. STATE OF ASSAM

2018-02-05

ACHINTYA MALLA BUJOR BARUA

body2018
JUDGMENT & ORDER : 1. Heard Mr. U.K. Nair, learned senior counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel for the Higher Education Department of the Govt. of Assam. 2. Considering the nature of the order proposed to be passed i.e. for disposal of the statutory appeal filed by the petitioner, it is deemed appropriate that notice on respondent Nos. 4 and 5 need not deemed to be served for the present. The same can be taken care of by the Commissioner & Secretary while disposing of the appeal by also giving a notice and hearing to the respondent Nos. 4 and 5. 3. The petitioner who was earlier the Principal of J.B. Law College was appointed as the President of the Governing Body of BBK College, Nagaon in the year 2009. Under Rule 3 of the Assam Non- Government College Management Rules 2001, the tenure of the President of a Governing Body is for a period of five years. Rule 3 (a) further provides that the President may continue beyond the period of five years till his successor is appointed. There is an office memorandum dated 05.11.2014 of the Commissioner & Secretary to the Govt. of Assam, Higher Education Department, which provides that although the President of the Governing Body who had completed five year term shall not be considered for being nominated as President for the second continuous term, but however, for any valid reason or if the circumstance demanded otherwise, the Director of Higher Education, Assam may submit a proposal for the regularization and the Government may consider such cases for re- nomination with a special consideration, if considered necessary for the interest of the college. Accordingly, the petitioner was nominated for a second five year term. 4. In the present writ petition, the petitioner is aggrieved by the order dated 30.12.2017 by which, after completing about 2 and years for his second term, the petitioner was removed as the President on the basis of certain complain that he charged rupees 3,000/- per meeting for coming to the college to preside over the Governing Body. The order also says that the Rash Committee of Barpeta had raised an allegation that there are media reports that the petitioner was involved in a dispute regarding purchase of land for the JB law college, Guwahati. The order also says that the Rash Committee of Barpeta had raised an allegation that there are media reports that the petitioner was involved in a dispute regarding purchase of land for the JB law college, Guwahati. Accordingly, he was called to the Office of the Principal of the College and was persuaded to step down voluntarily by citing the government office memorandum dated 05.11.2014. Having not voluntarily stepped down, the petitioner was removed from the post of Governing Body of the college by the order of 30.12.2017. Subsequently, the order dated 06.01.2018 was issued by which the respondent No.5 was nominated as the President of the Governing Body of the concerned college. 5. Against the order of removal, the petitioner had submitted a representation before the Principal Secretary to the Govt. of Assam in the Higher Education Department dated 11.01.2018. In the said representation, the petitioner had stated his grounds against the order of his removal from the post. It is noticed from the order of 30.12.2017, that the petitioner was relieved from the post of President of the concerned College without being issued even a show-cause notice, although the order of removal have been passed on the basis of certain allegation against him. It being the position, this Court is of the view that the petitioner was entitled atleast a show-cause notice so that he can give his reply to such allegation. 6. As the petitioner has stated his grounds in the representation dated 11.01.2018, it is deemed appropriate that ends of justice will be met if the Principal Secretary to the Govt. of Assam in the Higher Education Department gives a consideration to the said representation made on 11.01.2018. Although a stand has been taken by Mr. K. Gogoi, learned counsel that as per Rule 3 (a) of the Assam Non-Government College Management Rules, 2001, the term of the President is only for a period of five years, but be that as it may, as the authorities on their own volition had given the petitioner a re- nomination for another period of five years, the said reason is in applicable in the present case and cannot be construed to be a reason to remove the petitioner after 2 and years without any show cause notice. A relevant factor for consideration would also be the office memorandum dated 05.11.2014 of the Commissioner & Secretary to the Govt. A relevant factor for consideration would also be the office memorandum dated 05.11.2014 of the Commissioner & Secretary to the Govt. of Assam Higher Education Department provides that in exceptional circumstances, re-nominations are permissible. 7. As this case is disposed of at the motion stage itself, it is directed that for the interest of justice, the respondent Nos. 4 and 5 be also given an opportunity of hearing while considering the representation of the petitioner dated 11.01.2018. 8. As agreed, it is ordered that the Principal Secretary to the Govt. of Assam in the Higher Education Department shall give due consideration to the representation of the petitioner filed on 11.01.2018 within a period of 4 weeks from today and in doing so, he shall also issue notice to the respondent Nos. 4 and 5 and also give them an opportunity of hearing and the petitioner be also allowed to place any material that he may desire, in support of his case. Till such final order is passed, the removal of the petitioner as the President of the college shall not be given effect.