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2011 Supreme(Gau) 801

B.K.SHARMA, C.R.SARMA
Ajit Kr. Baruah – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the petitioner s:Mr. S.S. Goswami, Ms. L. Devi, Avocates, For the respondents:Mr. D. Saikia, SC, Mr. A. Deka, SC Mr. U.K. Nair, Mr. T.J. Mahanta, Mr. A. Choudhury, Mr. D. Baurah, Mr. P.J. Phukan, Advocates

B.K. Sharma, J.;-

1. The writ appeal and the writ petition raising the same issue have been heard together and are being disposed of by this common judgment and order.

2. While in the writ appeal the challenge is to the judgment and order dated 30.06.09 passed in W.P.(C) No. 1657/2009 filed by the respondent No. 6, in the writ petition the challenge is to the consequential action of publishing the select list for appointment of Principal in 51 provincialised colleges. Be it stated here that the present appellants/petitioners were not party to the said proceeding.

3. The writ petition being W.P.(C) No. 1657/2009 from which the present proceeding has arisen, was filed by one Shri Durgeswar Hazarika (respondent No. 6 in the appeal) in respect of the dispute relating to the charge of Principal of the college called Lakhimpur Kendriya Mahabidyalaya. The challenge in the writ petition was the Annexure-15 order dated 31.03.2009 and Annexure-17 order dated 18.03.2009 (annexed to the writ petition) passed by the Principal of the Mahabidyalaya and the Director of Higher Education, Assam respectively. By Annexure-15 order dated 31.03.2009, the resolution of the Governing Body of the college and


























































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