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2014 Supreme(Gau) 824

K.SREEDHAR RAO, A.K.GOSWAMI, UJJAL BHUYAN
Abdul Gofur Mondal – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:M.U. Mondal, H.R. Ahmed, M. Hussain and M.R. Khandakar, Advocates
For Respondents/Defendant:A.C. Buragohain, A.G., U.K. Goswami, S.C., Education, S. Sarma, S.C., SSA, A. Hussain, Afnu Mollah, R. Islam, D.A. Kayum and J. Rahman, Advocates

JUDGMENT :

Arup Kumar Goswami, J.

1. Three writ applications, under Article 226 of the Constitution of India, were filed by one Abdul Gafur Mondal and the applications were registered as WP(C) 4612/2011, WP(C) 6109/2012 and WP(C) 2272/2013. The writ petitions have been placed before the Full Bench to consider the following question of law:

"Whether a writ petition is maintainable against a purely privately managed institution, such as, venture school contemplated in Section 2(s) of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011?"

2. It will be necessary, at the outset, to outline only the basic factual matrix of the aforesaid three writ petitions for the purpose of understanding how the question had arisen for consideration of the Full Bench.

3. The case set out in WP(C) 4612/2011 is that the petitioner is the founder Assistant Teacher of a school, namely, Janakalyan Venture Lower Primary (VLP) School, established on 01.01.1987, and he was working in the said school till the filing of the writ petition with full satisfaction of all concerned. Respondent Nos. 8 and 9 were appointed as Assistant Teacher in the said school on 10.03.2008 and 10.03.2010,























































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