Gauhati High Court
Uttam Chandra Pathak vs Jogendra Nath Sarma And 4 Ors on 5 April, 2019
Author: A.M. Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/3
GAHC010039152018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet. 26/2018
1:UTTAM CHANDRA PATHAK
RETD. PRINCIPAL, BHAWANIPUR ANCHALIK COLLEGE,BARPETA,PO AND
DIST. BARPETA, ASSAM
VERSUS
1:JOGENDRA NATH SARMA AND 4 ORS
S/O- S. N. SARMA, R/O- H NO-1, BYLANE-2, KG MARKET, BARBARI, PO-
HENGARABARI,
2:STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND
SECRETARY O THE GOVT. OF ASSAM
EDUCATION DEPARTMENT (HIGHER) DEPTT.
DISPUR
GUWAHATI-6
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION DEPARTMENT (HIGHER) DEPTT. DISPUR
GUWAHATI
4:THE DIRECTOR
HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
5:THE PRINCIPAL CUM SECY. OF THE GOVERNING BODY OF B.B.K.
COLLEGE
NAGAON
PO AND DISTRICT-BARPETA
ASSA
Page No.# 2/3
Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
05.04.2019 (A.M. Bujor Barua, J) Heard Ms. P. Bhattacharya, learned counsel for the review petitioner, Mr. UK Nair, learned senior counsel for the respondent No.1, Mr. S. Bhuyan, learned counsel appearing for the respondent Nos. 2, 3 and 4 and Mr. P.S Deka, learned counsel appearing for the respondent No.5.
This review petition is preferred against the judgment and order dated 05.02.2018 in Writ Petition No.550/2018, wherein in paragraph-8, it was provided that till such final order is passed by the Principal Secretary to the Government of Assam in the Higher Education Department as regards the removal of the writ petitioner as the President of the DBK College, Nagaon, Barpeta, the removal of the writ petitioner shall not be given effect. The said order was passed on the premises that on the day when the order was passed, the writ petitioner other than from the fact of the removal was the president and the other respondent No.5 therein had not taken over as the President.
The review petition is preferred on the narrow premises that factually the respondent No.5 in the writ petition had in fact taken over and was functioning as the President on the day the said judgment was passed and therefore, the provision in the order that till such final order is passed, the removal of the writ petitioner as the President of the college shall not be given effect would be un-implementable.
Both Ms. P. Bhattacharya, learned counsel for the review petitioner and Mr. UK Nair, learned counsel for the respondent No.5 in the writ petition agrees to the proposition that as the respondent No.5 in the writ petition had already taken over as the President, therefore, till the final order required to be passed by the Principal Secretary to the Government of Assam, the respondent No.5 of the writ petition may remain as the President.
Page No.# 3/3 In view of such agreement between the parties, this Court allows the proposition and modifies the judgment dated 05.02.2018 to the extent that till the final order is passed by the Principal Secretary to the Government of Assam in the Higher Education Department on the representation of the petitioner filed on 11.01.2018, the respondent No.5 in the writ petition namely Dr Uttam Chandra Pathak shall continue as the President of the Governing Body of the College. It is further provided that such continuation of the respondent No.5 in the writ petition shall be up to such period till the final order is passed by the Principal Secretary as provided therein. Thereafter, either continuation of the respondent No.5 in the writ petition Dr. Uttam Chandra Pathak or as to whether the writ petitioner is to be continued as the President shall be as provided by the Principal Secretary in his order to be passed.
It is further provided that as the continuation or non-continuation of the writ petitioner and the respondent No.5 of the writ petition depends on the order to be passed by the Principal Secretary, it is directed that the Principal Secretary shall give a consideration to the representation of the writ petitioner dated 11.01.2018 within a period of two months from the date of receipt of the certified copy of this order and same be done after hearing all the parties as indicated in the writ petition.
The review petitioner allowed to the extent indicated above.
JUDGE Comparing Assistant