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GAHC010155892025

2026:GAU-AS:1200

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3998/2025

RAMEN TALUKDAR

S/O- LATE PRANESWAR TALUKDAR,

R/O- H.NO-37, ANIRBAN NAGAR, GOTANAGAR, MALIGAON,

P.O- MALIGAON, DIST- KAMRUP METRO,

VERSUS

THE STATE OF ASSAM AND 3 OTHERS

REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,

EDUCATION DEPARTMENT, GUWAHATI-06, ASSAM

2:THE DIRECTOR OF HIGHER EDUCATION

KAHILIPARA

GUWAHATI-19

3:THE BARKHETRI COLLEGE

NARAYANPUR

MUKALMUA

REP. BY THE PRINCIPAL

DIST- NALBARI

ASSAM

4:SUMANTA BORTHAKUR

S/O- GREENLAND APARTMENT

BLOCK-2

A-F RUKMINIGAON

KHANAPARA

GUWAHATI-22

KAMRUP METRO

ASSA

Advocate for the Petitioner : MR. P K ROYCHOUDHURY, S HUSSAIN

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Advocate for the Respondent : SC, HIGHER EDU, MR G SARMA (R-3),MR. SURAJIT DUTTA

(R-3),MR. SURAJIT DUTTA (R-4),MR G SARMA (FOR CAVEATOR),MR G SARMA (R-4)

BEFORE

HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

JUDGMENT AND ORDER (ORAL)

Date : 29-01-2026

Heard Mr. P. K. Roychoudhury, learned counsel appearing for the

petitioner. Also heard Mr. S. Dutta, learned Senior counsel assisted by Ms.

S. Kashyap, learned counsel for the respondent nos. 3 and 4 and Mr. A. R.

Tahbildar, learned counsel for the respondent nos. 1 and 2.

2. The matter relates to the removal of a President of a governing body

of a Non-Government College namely Barkhetri College. The pleadings

reflect that by an order dated 26.08.2021, the Director of Higher

Education had re-constituted the governing body of the Barkhetri College,

situated in the district of Nalbari, Assam, and affiliated by the Guwahati

University, Guwahati by placing the petitioner as a President for a term of

5 (five) years or before 5 (five) years for reasons to be recorded in

writing. It was also provided that he would continue beyond this period till

his successor is appointed. The Constitution of the Governing body are as

follows:

“ a) President (Educationist) for terms of five years :- Dr. Ramen Talukdar

or before five years for reasons to be recorded Principal, Rtd, Hajo College

in writing. He shall however continue beyond

this period till his successor is appointed.

b) Secretary, Ex-Officio :- The Principal of the College

c) Vice – Principal :- Member Ex-Officio.

d) Guardian Member for terms of three years

or till their ward is a student of the college

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which ever is earlier :-

i) Member Guardian (Nominated by D.H.E. Assam) :- --

ii) Member Guardian (Nominated by D.H.E. Assam) :- --

iii) Women Member Guardian (Nominated by :- --

D.H.E. Assam)

e) Member :- To be nominated by the University (three years).

f) Member :- To be nominated by the University (three years).

g) Member :- Teachers representative (one year)

h) Member :- (To be elected)-do-(one year).

i) Member from Non-Teaching staff :- To be elected by the non-teaching employees

of the College

j) Member (Dorior) :- - To be elected among the Donors

k) Member :- :- Librarian from the College.”

3. By an order dated 01.07.2025, the Director of Higher Education re-

constituted the governing body of the said college by replacing the

petitioner herein with the respondent no. 4.

4. This writ petition had been filed on 18.07.2025 and by an order dated

21.07.2025, Status Quo as on 21.07.2025 was directed to be maintained.

The order of Status Quo had been thereafter extended on different dates.

5. Mr. P. K. Roychoudhury, learned counsel appearing for the petitioner

has submitted that the order dated 01.07.2025 impugned in this writ

petition does not reflect the reasons for which the term of the petitioner

had been cut short. By referring to the representation dated 02.07.2025,

addressed to the Commissioner & Secretary, Government of Assam, the

learned counsel for the petitioner has submitted that the petitioner had

been all along under the impression that there were some allegations

levelled against him and he had never been given the opportunity to

answer the allegations levelled against him, if any, before his

unceremonious removal.