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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Monfort School – Appellant
Versus
Mridula Konwar Hazarika – Respondent
| Table of Content |
|---|
| 1. appellate proceedings initiated against prior orders. (Para 1 , 2 , 3) |
| 2. arguments regarding jurisdiction of educational tribunals. (Para 4 , 5 , 6) |
| 3. evaluation of jurisdiction under article 227 and its limitations. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. dismissal of petitions for lack of merit. (Para 13 , 14) |
| 5. final order allowing future challenge to orders. (Para 15 , 16) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A. Dhar, the learned counsel appearing on behalf of the Petitioners and Ms. P. Das, the learned Standing counsel appearing on behalf of the Secondary Education Department.
2. In both the proceedings, the petitioners herein have assailed the orders dated 08.01.2024 passed in Misc. (J) Case No.4/2024 as well as the order dated 01.02.2024 in Misc. (J) Case No.11/2024 under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short ‘the Code’) whereby certain ex-parte prohibitory as well as mandatory directions have been issued by the learned District Judge, Dibrugarh.
3. Taking into account that the issue involved in both the proceedings are one and the same, this Court takes up both the proceedings for disposal by this common judgment and order.
4. M
A minority educational institution's classification must be factually determined to ascertain jurisdiction under specific educational laws, limiting the exercise of supervisory jurisdiction when alte....
The appropriate remedy for an employee of a private school aggrieved by an order of suspension is to approach the Educational Tribunal, as per the provisions of the Assam Non-Government Educational I....
The court upheld the constitutional validity of the Assam Non-Government Educational Institutions Act, 2006, affirming the need for regulation to ensure educational quality and standards.
Educational institutions receiving state assistance fall under the definition of 'State' in Article 12, making them subject to judicial review under Article 226.
The High Court will generally refuse to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India when the petitioner has an effective and available statutory appeal reme....
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