A writ petition under Article 226 requires a legal right and corresponding obligation, which were absent in this case, leading to dismissal.

ORDER :

MANISH CHOUDHURY, J.

Heard Mr. D. Deka, learned counsel for the petitioner and Mr. B. Goswami, learned Additional Advocate General, Assam assisted by Mr. P. Kakoti, learned counsel and Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent nos. 1 & 2.

2. When the writ petition was moved on 19.02.2025, there arose a question of maintainability of the writ petition under Article 226 of the Constitution of India in view of the nature of relief sought for by the writ petitioner in this writ petition.

3. The petitioner has stated that he is presently serving as an Assistant Teacher in the Railway High School at New Guwahati. The petitioner has stated that the petitioner is a member of one association named Assom Madhyamik Siksha Aru Karmachari Sangha, which he has stated to be a registered and recognized association of the Government of Assam. The petitioner has further stated that the association, Assom Madhyamik Siksha Aru Karmachari Sangha is a member of the respondent no. 3, namely, Sadou Assam Karmachari Parishad.

4. The petitioner has further stated that the respondent no. 3 association came to be formed in the year 1981 and the respondent no. 3 adopted its Constitution on 12.05.1981 at its Diphu Convention. The petitioner has highlighted that Chapter – 1 of the Constitution of the respondent no. 3 has laid down its objectives and also about the criteria to be fulfilled for its membership.

5. The petitioner has referred to an Office Memorandum bearing no. ABP. 157/86/139 dated 19.09.1991, issued by the Personnel [B] Department, Government of Assam, to make the following prayer :-

In the premises aforesaid, it is therefore respectfully prayed that Your Lordships may be pleased to admit this petition, call for the records and issue a Rule calling upon the respondents to show cause as to why appropriate Writ[s] should not be issued directing the respondent authorities to take appropriate and immediate action to mitigate the grievances raised in representation dated 17.1.2025 and be further pleased to direct the respondents to show cause as to why directions should not issued to the respondent authorities to take necessary steps to declare the present executive committee as illegal for it has been formed without adhering to the mandate of the extant Rules and on such causes be shown by the respondents and upon hearing the parties, this Hon'ble Court may be pleased to direct the respondent authorities to take appropriate and immediate action to mitigate the grievances raised in representation dated 17.1.2025 and be further pleased to direct the respondents authorities to take necessary steps to declare the present executive committee as illegal for it has been formed without adhering to the mandate of the extant Rules and / or pass any such order[s] as this Hon'ble Court may deem fit and proper.

6. It is noticed that the petitioner has sought for a writ in the nature of mandamus for directions to the respondent authorities to take appropriate and immediate action on the representation, stated to have been submitted by him on 17.01.2025, and to take necessary steps to declare the present Executive Committee of the respondent no. 3 as an illegal one as the present Executive Committee is allegedly formed without adhering to the mandate contained in the Office Memorandum dated 19.09.1991.

7. In order to understand the background in which the petitioner has sought the directions, it appears apposite to refer to the Office Memorandum dated 19.09.1991 at first. The Office Memorandum dated 19.09.1991 is the Personnel [B] Department, Government of Assam. In the Office Memorandum, it is mentioned that it had become necessary, after the amendment of Rule 23 of the Assam Civil Services [Conduct] Rules, 1965, to lay down the procedure for recognition of association, grant of special casual leave for attending association’s meeting, etc. As per the procedure so laid down, every association representing, or purporting to repr