Ujjal Bhuyan, J.

1. Heard Mr. S.S. Dey, learned Senior Counsel assisted by Mr. S. Dutta, learned counsel for the appellants. Also heard Mr. D. Saikia, learned Senior Addl. Advocate General, Assam assisted by Mr. D. Nath, learned counsel for respondent Nos. 1 to 4 i.e., State of Assam in the Sports & Youth Welfare Department and its officials and Mr. P.K. Roy Choudhury, learned counsel for the respondent No. 5. Assam Flying Club and its Honorary Secretary Shri Bikrom Singha Lahkar are the two appellants in this appeal. They are aggrieved by the judgment and order dated 04.04.2017, passed by the learned Single Judge dismissing the writ petition, being WP (C) No. 3218/2015, filed by the appellants as the writ petitioners, assailing the legality and validity of the order dated 27.05.2015, issued by the Joint Secretary to the Government of Assam, Sports & Youth Welfare Department directing that Sri Ranuj Barkotaky, ACS, Joint Director of Sports & Youth Welfare would act as in-charge of Assam Flying Club Ltd. as an interim arrangement till selection of Honorary Secretary or making of any other arrangement, with the further observation that there should be an enquiry either by the State Government or by filing appropriate complaint before the Upa Lokayaukta, Assam into the affairs of Assam Flying Club.

2. Case projected by the appellants before the learned Single Judge, as petitioners in the writ petition, was that Assam Flying Club was registered under the Assam Cooperative Societies Act, 1949 in the year 1958. Assam Flying Club (Club hereafter) was almost defunct for all these years till about the year 2009 for various reasons, including lack of funds. It was at that stage that a concerted attempt was made by several leading citizens who were associated with the Club to revive the Club. In this connection, the then Hon'ble Chief Minister of Assam also extended his helping hand.

3. As part of the revival process, an advertisement was issued by the Deputy Director, Sports & Youth Welfare, Assam on 3.9.2013 for appointment of Honorary Secretary of the Club under Clause 26(e) of its Byelaws. It was stated that appellant No. 2, who is the Accountable Manager of the College of Aeronautical Engineering, Guwahati had submitted application along with many others pursuant to such advertisement. Appellant No. 2 was selected for appointment as Honorary Secretary vide Government notification dated 07.10.2013. Appointment of appellant No. 2 as Honorary Secretary of the Club was challenged by respondent No. 5 before this Court by filing WP(C) No. 6809/2013 (Captain Ved Barua v. State of Assam). A Single Bench of this Court vide the judgment and order dated 21.02.2014 dismissed the writ petition. Learned Single Judge held that the assignment was only honorary without any remuneration and in the absence of any material disclosing arbitrary or colourable exercise of power, interference by the writ court would not be justified. Besides, it was also observed that going by the nature of the advertisement and appointment, it would not come within the domain of public employment.

4. Thereafter, respondent No. 5 preferred writ appeal before the Division Bench which was registered as Writ Appeal No. 102/2014 (Captain Ved Barua v. State of Assam). A Division Bench of this Court considered Clause 26(e) of the Byelaws of the Club and found that as per the said provision, Secretary was to be appointed by the State Government, who would enjoy all the privileges of a Director or ex-officio member on such terms and conditions, as determined by the State Government. Therefore, it was held that State Government was vested with the power to appoint the Secretary on such terms and conditions, as determined by the State Government

5. The Division Bench further held that a conjoint reading of Clause 26(e) of the Bye-laws, advertisement dated 03.09.2013 and the Government notification dated 7.10.2013 would go to show that the selection and appointment of Honorary S