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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
Gobinda Chandra Kalita S/O- Late Ramani Kalita – Appellant
Versus
State Of Assam – Respondent
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
A writ petition under Article 226 requires a legal right and corresponding obligation, which were absent in this case, leading to dismissal.
A private body must be found to be discharging a public function closely related to functions performed by the State in its sovereign capacity to be amenable to the writ jurisdiction of the Court und....
The judgment in W.P.(C) No.27634 of 2020 and the principle decided therein covers the members of the petitioner's association, including the declaration that there is no illegality in the withdrawal ....
The State Government is not obligated to provide funds for the salaries of ASCU employees or grant-in-aid to ASCU, as ASCU is not an authority or instrumentality of the State under Article 12 of the ....
Disputed questions of fact require detailed evidence and cannot be adjudicated under Article 226 of the Constitution.
Non-compliance with the provisions of the Assam Cooperative Societies Act, 2007, regarding the holding of Annual General Meetings (AGMs) led to the automatic dissolution of the Board of Directors of ....
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