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2022 Supreme(Gau) 60

MICHAEL ZOTHANKHUMA
Mukti Nath Gogoi S/o Shri Mohendra Gogoi – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. I.H. Saikia.

JUDGMENT :

MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. I.H. Saikia, learned counsel for the petitioner. Mr. B. Chakraborty for the respondent Nos. 3 to 7 and Mr. S. Bhuyan appears for the respondent Nos. 1 and 2. No one appears for the respondent Nos. 8 and 9.

2. The petitioners in both the writ petitions have made a challenge to the letters dated 23.06.2018 issued by the respondent No. 4, by which their services have been terminated. However, before going into the question of the validity of the termination letters, the issue that has to be first decided is as to whether Girijananda Choudhury Institute of Management and Technology, Hatkhowapara (in short “the Institute”) and the Society which runs it, i.e. the Shrimanta Shankar Academy, can be construed to be a State under Article 12 of the Constitution and even if held otherwise, whether it can be held amenable as an authority under Article 226 of the Constitution.

3. In W.P. (C) No. 5671/2018, the petitioner has put to challenge the letter dated 23.06.2018 issued by the respondent No. 4, terminating the service of the petitioner as Assistant Professor in the Department of Electronics and Telecommunication with immediate effect in terms of

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