Hem Chandra Goswami Vs. State of Assam and ors. - Court Judgment

Excerpt:
- - nair, learned advocate appearing for the appellant/writ petitioner as well as mr. 9. the appellant/writ petitioner had failed to furnish the formal release order even after giving further extension of 15 (fifteen) days' time from the last date of submitting his joining report to the kherajkhat college in pursuance of the said resolution no. the appellant/writ petitioner also had failed to furnish the formal release order for releasing him from the kherajkhat college even within the extended period of 15 days for submission of the release order for the purpose of joining as lecturer in political science in the chaiduar college, gohpur, sonitpur. the appellant/ writ petitioner, it appears from the record, failed to show the authorities under which he himself issued the provisional release order from the kherajkhat college where he was working as principal/secretary. 12. for the reasons discussed above, the appellant/writ petitioner had utterly failed to make out any case for our interference with the impugned order of the learned single judge dated 5.3.2002 for dismissing c. t. nandakumar singh, j.1. heard mr. a.m. majumdar, learned senior advocate assisted by mr. u. nair, learned advocate appearing for the appellant/writ petitioner as well as mr. m.k. choudhury, learned standing counsel for education deptt. and mr. n. baruah, learned counsel appearing for and on behalf of the private respondent. no. 5.2. the appellant/writ petitioner filed the writ petition being c.r. no. 3577 of 1997 against the present respondents 1 to 4 for assailing the termination letter dated 31.8.1996 issued by the principal/secretary, chaiduar college, gohpur, sonitpur for terminating the service of the appellant/writ petitioner as lecturer in the department of political science of chaiduar college w.e.f. 31.8.1986. the learned single judge by passing the impugned judgment and order dated 5.3.2002 dismissed the c.r. no. 3577 of 1997. hence, the present writ appeal.3. the factual panorama, stated in short, which gives raise to the filing of the writ petition, i.e., c.r. no. 3577 of 1997, is that the appellant/ writ petitioner after obtaining master degree in political science being qualified to be appointed as lecturer of college, had applied for appointing him as lecturer in the department of political science in chaiduar college, gohpur, sonitpur. it is said that after due selection process, he was appointed as lecturer in chaiduar college, gohpur, sonitpur in the department of political science in the year 1987. the said appointment of the appellant/writ petitioner was approved by the director of public instruction, assam.4. after serving about 7 (seven) years as lecturer in political science in the said chaiduar college, gohpur, sonitpur, the appellant/writ petitioner filed an application for granting leave by retaining his lien in the post of lecturer in political science in the chaiduar college, gohpur, sonitpur in the year 1994, initially for 2(two) years. the purpose for granting leave for 2 (two) years by retaining his lien to the post of lecturer in chaiduar college to the writ petitioner was for serving as principal/secretary of a private college, i.e., kherajkhat college in lakhimpur district.5. after retaining his lien to the post of lecturer in political science in chaiduar college, gohpur, sonitpur, the appellant/writ petitioner had started to serve as principal-cum-secretary of the kherajkhat college in the year 1994, when the initial period of 2 (two) years for retaining his lien to the post of lecturer in political science in chaiduar college had expired, the appellant/writ petitioner did not join his service as lecturer in political science in chaiduar college but he applied for further extension of the said lien leave. the governing body of the chaiduar college in its meeting held on 24.6.1996 vide resolution no. 1 refused to grant for lien leave to the appellant/writ petitioner and directed him to join in the chaiduar college within one month from 24.6.1996 failing which the post held by the appellant/writ petitioner shall be deemed to have been vacant and steps will be taken for appointment of a new lecturer in the said post.6. the governor of assam in exercise of powers conferred by the proviso to clause (g) of section 21 of the gauhati university act, 1947 (assam act no. xvi of 1947) as amended upto date and proviso to clause (f) of section 32 of the dibrugarh university act, 1965 (assam act no. vti of 1965), as amended from time to time, made the rules called 'assam aided college management rules, 1976'. both the appellant/writ petitioner and the respondents were not disputing that the assam aided college management rules, 1976 (for short 'management rules ,1976') is applicable to the chaiduar college, gohpur, sonitpur and also the kherajkhat college, lakhimpur follows the said management rules, 1976. it is the admitted case of both the parties that the powers and duties assigned to the governing body of the colleges are mentioned in rule 19 of the said management rules, 1976 and those of the president of the governing body are mentioned in rule 20 of the said management rules, 1976. under the provision of the management rules, 1976, the secretary of the governing body of the college is not the competent authority to issue the release order of the lecturers working in their colleges but the president of the governing body has to issue the release order of the lecturer of the college. the governing body of the college is the final authority to take a decision as to whether the lecturers working in the colleges will be released from the service of the college or not.7. in pursuance of the said resolution of the governing body of the chaiduar college in its meeting held on 24.6.1996, the appellant/writ petitioner had been directed to join the college within one month from 24.6.1996 failing which the post held by him in the college shall be c deemed as vacant and steps will be taken for appointment of a new lecturer. it is said that the appellant/writ petitioner without formal release order from kherajkhat college where he was working as principal/secretary of the college submitted a joining report on 18.7.1996 to the principal, chaiduar college, gohpur, sonitpur. as the appellant/writ petitioner had submitted a joining report dated 18.7.1996 without the formal release order from the kherajkhat college where he was working as principal/secretary, admittedly at the relevant time, the principal, chaiduar college under his letter dated 26.7.1996 informed the appellant/writ petitioner that it would be difficult on his part to allow the appellant/writ petitioner to join as lecturer in the chaiduar college as he did not furnish the release order from the college, i.e., kherajkhat college, in which he had been serving as principal-cum-secretary.8. as the appellant/writ petitioner could not furnish the formal release order from the kherajkhat college, he applied for further extension of time for submitting the formal release order; but the governing body of the chaiduar college had extended 15 (fifteen) days' further time till 30.8.1996 for furnishing the formal release order from the kherajkhat college. it is said that the president, governing body of kherajkhat college had rejected the application filed by the appellant/writ petitioner dated 16.8.1996 to the president, kherajkhat college requesting him to issue the formal release order from the kherajkhat college. after his requests for issuance of the formal release order from the kherajkhat college was rejected by the president, kherajkhat college, it appears that the appellant/writ petitioner himself issued the provisional release order which is said to be unknown in the service parlance of the lecturers working in the colleges to which the management rules, 1976 is applicable and also in the private colleges.9. the appellant/writ petitioner had failed to furnish the formal release order even after giving further extension of 15 (fifteen) days' time from the last date of submitting his joining report to the kherajkhat college in pursuance of the said resolution no. 1 of the governing body in its meeting held on 24.6.1996. it appears from the record that the respondent nos. 1 and 2 had filed their affidavit-in-opposition in c.r. no. 3577 of 1997 stating in a clear and unequivocal terms that the assam aided college management rules, 1976 is applicable to the chaiduar college, gohpur, sonitpur and also the kherajkhat college also follows the said management rules, 1976. the respondents 1 and 2 in their affidavit-in-opposition further stated that as per the said management rules, 1976, the release order of the lecturer is required to be issued by the president of the governing body and there is no provision for issuing any provisional release order by the secretary of the governing body. the appellant/writ petitioner also had failed to furnish the formal release order for releasing him from the kherajkhat college even within the extended period of 15 days for submission of the release order for the purpose of joining as lecturer in political science in the chaiduar college, gohpur, sonitpur. the appellant/writ petitioner also did not file any reply affidavit denying the assertion of the respondents 1 and 2 in their affidavit-in-opposition. the appellant/ writ petitioner, it appears from the record, failed to show the authorities under which he himself issued the provisional release order from the kherajkhat college where he was working as principal/secretary.10. such being the situation, we are in complete agreement with the findings of the learned single judge in his judgment and order dated 5.3.2006 for dismissing the c.r. no. 3577 of 1997 with the observation that 'under the rules, the release certificate is to be issued by the president of the governing body and admitted position is that no such certificate was produced after expiry of the period of lien and even till today and the petitioner continued to serve as principal at kherajkhat college. the petitioner left chaiduar college in 1994 that is, eight years hack and i find no case for treating the lien alive for long eight years.' after coming to the said findings, the learned single judge dismissed the c.r. no. 3577 of 1997. the learned senior counsel appearing for the appellant/writ petitioner had reiterated the same assertion and same question of law which had already been discussed and not entertained by the learned single judge in the present writ appeal.11. the respondent no. 5, who had been allowed to join as respondent no. 5 in the present writ appeal by an order of this court dated 22.8.2003 passed in misc. appln. no.826 of 2003, had brought to the notice of this court that after the appellant/writ petitioner had been terminated from service as lecturer in political science from the chaiduar college, grohpur, sonitpur, the service of respondent no. 5 who was serving as temporary lecturer in the vacant post of lecturer arose on the leave granted to the appellant/writ petitioner had been regularised under the resolution of the governing body of the chaiduar college in its meeting held on 22.5.2002 and the said regularisation of the respondent no. 5 as lecturer in political science in chaiduar college had also been approved by the director of higher education, assam vide order dated 8.8.2002. the appellant/writ petitioner is not assailing the subsequent events of regularization of respondent no. 5 in the post of lecturer in pol. science in the chaiduar college, gohpur, sonitpur by taking recourse to in the manner prescribed by the law.12. for the reasons discussed above, the appellant/writ petitioner had utterly failed to make out any case for our interference with the impugned order of the learned single judge dated 5.3.2002 for dismissing c.r. no. 3577 of 1997. accordingly, this writ appeal is devoid of merit and hereby dismissed. no order as to costs.

Judgment:

T. Nandakumar Singh, J.

1. Heard Mr. A.M. Majumdar, learned senior advocate assisted by Mr. U. Nair, learned advocate appearing for the appellant/writ petitioner as well as Mr. M.K. Choudhury, learned standing counsel for Education Deptt. and Mr. N. Baruah, learned Counsel appearing for and on behalf of the private respondent. No. 5.

2. The appellant/writ petitioner filed the writ petition being C.R. No. 3577 of 1997 against the present respondents 1 to 4 for assailing the termination letter dated 31.8.1996 issued by the Principal/Secretary, Chaiduar College, Gohpur, Sonitpur for terminating the service of the appellant/writ petitioner as Lecturer in the Department of Political Science of Chaiduar College w.e.f. 31.8.1986. The learned Single Judge by passing the impugned judgment and order dated 5.3.2002 dismissed the C.R. No. 3577 of 1997. Hence, the present writ appeal.

3. The factual panorama, stated in short, which gives raise to the filing of the writ petition, i.e., C.R. No. 3577 of 1997, is that the appellant/ writ petitioner after obtaining Master Degree in Political Science being qualified to be appointed as lecturer of college, had applied for appointing him as lecturer in the Department of Political Science in Chaiduar College, Gohpur, Sonitpur. It is said that after due selection process, he was appointed as lecturer in Chaiduar College, Gohpur, Sonitpur in the Department of Political Science in the year 1987. The said appointment of the appellant/writ petitioner was approved by the Director of Public Instruction, Assam.

4. After serving about 7 (seven) years as Lecturer in Political Science in the said Chaiduar College, Gohpur, Sonitpur, the appellant/writ petitioner filed an application for granting leave by retaining his lien in the post of Lecturer in Political Science in the Chaiduar College, Gohpur, Sonitpur in the year 1994, initially for 2(two) years. The purpose for granting leave for 2 (two) years by retaining his lien to the post of Lecturer in Chaiduar College to the writ petitioner was for serving as Principal/Secretary of a private college, i.e., Kherajkhat College in Lakhimpur District.

5. After retaining his lien to the post of Lecturer in Political Science in Chaiduar College, Gohpur, Sonitpur, the appellant/writ petitioner had started to serve as Principal-cum-Secretary of the Kherajkhat College in the year 1994, when the initial period of 2 (two) years for retaining his lien to the post of Lecturer in Political Science in Chaiduar College had expired, the appellant/writ petitioner did not join his service as Lecturer in Political Science in Chaiduar College but he applied for further extension of the said lien leave. The Governing Body of the Chaiduar College in its meeting held on 24.6.1996 vide resolution No. 1 refused to grant for lien leave to the appellant/writ petitioner and directed him to join in the Chaiduar College within one month from 24.6.1996 failing which the post held by the appellant/writ petitioner shall be deemed to have been vacant and steps will be taken for appointment of a new lecturer in the said post.

6. The Governor of Assam in exercise of powers conferred by the proviso to Clause (g) of Section 21 of the Gauhati University Act, 1947 (Assam Act No. XVI of 1947) as amended upto date and proviso to Clause (f) of Section 32 of the Dibrugarh University Act, 1965 (Assam Act No. VTI of 1965), as amended from time to time, made the rules called 'Assam Aided College Management Rules, 1976'. Both the appellant/writ petitioner and the respondents were not disputing that the Assam Aided College Management Rules, 1976 (for short 'Management Rules ,1976') is applicable to the Chaiduar College, Gohpur, Sonitpur and also the Kherajkhat College, Lakhimpur follows the said Management Rules, 1976. It is the admitted case of both the parties that the powers and duties assigned to the Governing Body of the Colleges are mentioned in Rule 19 of the said Management Rules, 1976 and those of the President of the Governing Body are mentioned in Rule 20 of the said Management Rules, 1976. Under the provision of the Management Rules, 1976, the Secretary of the Governing Body of the College is not the competent authority to issue the release order of the lecturers working in their colleges but the President of the Governing Body has to issue the release order of the lecturer of the College. The Governing Body of the College is the final authority to take a decision as to whether the lecturers working in the Colleges will be released from the service of the College or not.

7. In pursuance of the said resolution of the Governing Body of the Chaiduar College in its meeting held on 24.6.1996, the appellant/writ petitioner had been directed to join the College within one month from 24.6.1996 failing which the post held by him in the College shall be c deemed as vacant and steps will be taken for appointment of a new lecturer. It is said that the appellant/writ petitioner without formal release order from Kherajkhat College where he was working as Principal/Secretary of the College submitted a joining report on 18.7.1996 to the Principal, Chaiduar College, Gohpur, Sonitpur. As the appellant/writ petitioner had submitted a joining report dated 18.7.1996 without the formal release order from the Kherajkhat College where he was working as Principal/Secretary, admittedly at the relevant time, the Principal, Chaiduar College under his letter dated 26.7.1996 informed the appellant/writ petitioner that it would be difficult on his part to allow the appellant/writ petitioner to join as lecturer in the Chaiduar College as he did not furnish the release order from the college, i.e., Kherajkhat College, in which he had been serving as Principal-cum-Secretary.

8. As the appellant/writ petitioner could not furnish the formal release order from the Kherajkhat College, he applied for further extension of time for submitting the formal release order; but the Governing Body of the Chaiduar College had extended 15 (fifteen) days' further time till 30.8.1996 for furnishing the formal release order from the Kherajkhat College. It is said that the President, Governing Body of Kherajkhat College had rejected the application filed by the appellant/writ petitioner dated 16.8.1996 to the President, Kherajkhat College requesting him to issue the formal release order from the Kherajkhat College. After his requests for issuance of the formal release order from the Kherajkhat College was rejected by the President, Kherajkhat College, it appears that the appellant/writ petitioner himself issued the provisional release order which is said to be unknown in the service parlance of the lecturers working in the colleges to which the Management Rules, 1976 is applicable and also in the private colleges.

9. The appellant/writ petitioner had failed to furnish the formal release order even after giving further extension of 15 (fifteen) days' time from the last date of submitting his joining report to the Kherajkhat College in pursuance of the said resolution No. 1 of the Governing Body in its meeting held on 24.6.1996. It appears from the record that the respondent Nos. 1 and 2 had filed their affidavit-in-opposition in C.R. No. 3577 of 1997 stating in a clear and unequivocal terms that the Assam Aided College Management Rules, 1976 is applicable to the Chaiduar College, Gohpur, Sonitpur and also the Kherajkhat College also follows the said Management Rules, 1976. The respondents 1 and 2 in their affidavit-in-opposition further stated that as per the said Management Rules, 1976, the release order of the lecturer is required to be issued by the President of the Governing Body and there is no provision for issuing any provisional release order by the Secretary of the Governing Body. The appellant/writ petitioner also had failed to furnish the formal release order for releasing him from the Kherajkhat College even within the extended period of 15 days for submission of the release order for the purpose of joining as Lecturer in Political Science in the Chaiduar College, Gohpur, Sonitpur. The appellant/writ petitioner also did not file any reply affidavit denying the assertion of the respondents 1 and 2 in their affidavit-in-opposition. The appellant/ writ petitioner, it appears from the record, failed to show the authorities under which he himself issued the provisional release order from the Kherajkhat College where he was working as Principal/Secretary.

10. Such being the situation, we are in complete agreement with the findings of the learned Single Judge in his judgment and order dated 5.3.2006 for dismissing the C.R. No. 3577 of 1997 with the observation that 'under the rules, the release certificate is to be issued by the President of the Governing Body and admitted position is that no such certificate was produced after expiry of the period of lien and even till today and the petitioner continued to serve as Principal at Kherajkhat College. The petitioner left Chaiduar College in 1994 that is, eight years hack and I find no case for treating the lien alive for long eight years.' After coming to the said findings, the learned Single Judge dismissed the C.R. No. 3577 of 1997. The learned senior counsel appearing for the appellant/writ petitioner had reiterated the same assertion and same question of law which had already been discussed and not entertained by the learned Single Judge in the present writ appeal.

11. The respondent No. 5, who had been allowed to join as respondent No. 5 in the present writ appeal by an order of this Court dated 22.8.2003 passed in Misc. Appln. No.826 of 2003, had brought to the notice of this Court that after the appellant/writ petitioner had been terminated from service as Lecturer in Political Science from the Chaiduar College, Grohpur, Sonitpur, the service of respondent No. 5 who was serving as temporary lecturer in the vacant post of lecturer arose on the leave granted to the appellant/writ petitioner had been regularised under the resolution of the Governing Body of the Chaiduar College in its meeting held on 22.5.2002 and the said regularisation of the respondent No. 5 as Lecturer in Political Science in Chaiduar College had also been approved by the Director of Higher Education, Assam vide order dated 8.8.2002. The appellant/writ petitioner is not assailing the subsequent events of regularization of respondent No. 5 in the post of lecturer in Pol. Science in the Chaiduar College, Gohpur, Sonitpur by taking recourse to in the manner prescribed by the law.

12. For the reasons discussed above, the appellant/writ petitioner had utterly failed to make out any case for our interference with the impugned order of the learned Single Judge dated 5.3.2002 for dismissing C.R. No. 3577 of 1997. Accordingly, this writ appeal is devoid of merit and hereby dismissed. No order as to costs.