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2011 Supreme(Gau) 561

AMITAVA ROY
Shahadot Ali (Md. ) – Appellant
Versus
State of Assam & Ors. – Respondent


Advocates Appeared:
Advocates appeared for the Petitioner:Mr. A.S. Choudhury, Mr. I.H. Saikia & Ms. S. Kanangoe, Advocates appeared for the Respondents: Mr. M.K. Choudhury, Standing Counsel, Education Deptt. Mr. P.K. Roy Choudhury, Mr M.U. Mondal & Mr. N. Choudhury

Amitava Roy, J;-

The petitioner seeks to impeach the order dated 6.4.2011 passed by the Commissioner & Secretary to the Govt. of Assam, Educa­tion (Higher) Department annulling the Reso­lutions dated 29.11.2009, 24.8.2010 and 19.11.2010 of the Governing Body of the Hamidabad College (for short, hereinafter referred to as 'the College') and consequently allowing the appeals filed by the respondent No.4 against the same. An appropriate writ has also been sought for restraining the offi­cial respondents from foraying into the affairs of the College. A direction to allow him to continue as the in-Charge Principal of the in­stitution in terms of his appointment order dated 29.11.2009 by the Governing Body of the College has also been sought for.

2. I have heard Mr. A.S. Choudhury, Sen­ior Advocate assisted by Mr. I.H. Saikia, Advocate for the petitioner; Mr. M.K. Choudhury, Senior Standing Counsel, Edu­cation Department for the State respondents; Mr. P.K. Roy Choudhury, Advocate for the respondent No.4 and Mr. N. Choudhury, Advocate for the respondent No.5.

3. The rival pleadings, briefly though, are indispensable to sketch the backdrop of facts. According to the petitioner, he was appoint














































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