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 appointed as a Lecturer in Political Science of the Col­lege by the Governing Body thereof vide or­der dated 7.11.2000. The respondent No.4 was also appointed by the Governing Body as a Lecturer in Mathematics by order dated 16.8.96. He was, thereafter, allowed to work as in-Charge Principal vide order dated 5.3.98. The petitioner has asserted that the institution is a venture one and has not been provincialised till date. It is, thus, a private institution beyond the purview of the Assam Non-Government College Management Rules, 2001 (for short, hereinafter referred to as 'the Rules'). The petitioner has averred on oath that this College does not receive deficit Grants-in-Aid or ad-hoc Grants-in-Aid as contemplated under Rule 1 (3) of the Rules. Though it is in receipt of financial assistance from the Government, the same is not demon­strative of its status as an institution governed by the Rules. The Governing Body of the College vide its Resolution No. 3 dated 29.11.2009 relieved the respondent No.4 of the responsibility of the office of the Principal of the institution on the ground of corruption, misappropriation of college funds etc. and by a separate Resolution of the same date ap­pointed the petitioner as the in-Charge Prin­cipal of the institution. The petitioner, accord­ingly, assumed the new responsibility and has asserted that he is continuing with the said assignment since then till date.

4. The respondent No.4 meanwhile being aggrieved by his ouster from the office of the Principal of the College instituted Title Suit No. 476/2009 in the Court of Munsiff No. 1, Dhubri but though endeavoured by him, the learned Court did not grant any injunction as sought for. He also instituted WP(C) No. 2117 2010 before this Court seeking interference with the order dated 29.11.2009 and also a direction to the Additional Chief Secretary, Govt. of Assam, Higher Education Depart­ment to dispose of his representation dated 21.12.2009 laid before him. WP(G) No. 211/2010 was disposed of on 11.1.2010 by this Court leaving the respondent No.4 at lib­erty to file a fresh appeal on the issue before the Government and directed the Secretary to the Govt. of Assam, Education (Higher) Department to dispose of the same within a period of six weeks. The respondent No.4, in view of this development, thereafter filed a petition for withdrawal of the civil suit but as he did not press the same, the suit was dis­missed for default on 26.2.2010.

5. The Deputy Secretary to the Govt. of Assam, Education Department, however, for­warded the appeals dated 21.12.2009 and 12.1.2010 of the respondent No.4 to the Director of Higher Education, Assam for dis­posal. According to the petitioner, the afore­mentioned authority thereafter required him to submit the old Governing Body's records. As