Judgment

WANCHOO, J.- This is an appeal by special leave against the judgment of the Assam High Court. Shri Ajit Kumar Sharma (hereinafter referred to as the respondent) is a teacher in the Handique Girls College (hereinafter referred to as the College) at Gauhati. He filed a writ petition in the High Court on the following averments. This is a private college teaching up to B.A. standard and affiliated to the Gauhati University established under the Gauhati University Act, No.,16 of 1947, (hereinafter referred to as the Act). The College is managed by a Governing Body according to the provisions of the Statute for the management of private colleges framed by the Gauhati University under S. 21 (g) of the Act. Under S. 23 (h) of the Act, the Executive Council may frame Ordinances to provide for the emoluments and conditions of service of teachers of the University, including teachers in private colleges. The University has in pursuance if the powers so conferred on it framed rules for the grant of leave to teachers of private colleges which are binding on the Governing Bodies of such colleges, and had actually been adopted by the Governing Body of the College in July 1956 for its tea