Rabindra Nath Sarma v. The Gauhati University and 4 Ors

ORDER

17.05.2024. Heard Shri C Boruah, learned counsel for the petitioner whereas the Gauhati University is represented by Shri PJ Phukan, learned counsel.

¶2The present petition has been filed with regard to the constitution of the Governing Body of the Bajali Teachers' Training College, Patacharkuchi Page No.# 3/4 (hereinafter referred to as the Governing Body) in the district of Bajali. It is submitted that the said Governing Body has been constituted in violation of the procedures and guidelines of the Gauhati University.

¶3Shri Boruah, learned counsel has referred to the Gauhati University Act, 1947, more particularly, Section 23 thereof under which the Ordinance on Permission and Affiliation of Teachers Training College is formulated. As per Rule 8 (a), a regularly constituted Governing Body is to be formed in which four members are to be nominated by the University. It is the contention of the petitioner that in the meeting held on 01.10.2022, a resolution was adopted and four names were sent to the Gauhati University. However, out of the four names, only two names have been nominated to be members of the Governing Body and two names have been left out.

¶4What, however, intrigues this Court is that the writ petition has not been instituted by the left out members and has been instituted by a former President of the Governing Body. It is clarified that the petitioner is still a member of the Governing Body on the strength that he was a President of the earlier Governing Body. The locus to institute a petition is an essential requirement and it directly relates to the legal prejudice suffered by the incumbent.

¶5In the instant case, the present petitioner cannot have a legal prejudice even assuming a violation of the procedure is made out as the two incumbents who were stated to be named by the resolution of the earlier Governing Body on 01.10.2022 have not filed any writ petition and are aggrieved.

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¶6The writ petition is accordingly dismissed for want of locus.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010093822024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o WP(C)/6490/2023 RABINDRAoNATHoSARMA S/OoLATEoSURENDRAoNATHoSARMAo VILL-oPATACHARKUCHIo P.O.oPATACHARKUCHIo P.S.oPATACHARKUCHIo DIST.oBAJALI oASSAM o PIN-781326 oVERSUS THEoGAUHATIoUNIVERSITYoANDo4oORS. REP.oBYoTHEoVICEo-CHANCELLORo GOPINATHoBARDOLOIoNAGAR o JALUKBARI oGUWAHATI oASSAM oPIN-781014 2:THEoEXECUTIVEoCOUNCIL REP.oBYoTHEoREGISTRAR oGAUHATIoUNIVERSITY oGOPINATHoBARDOLOIoNAGAR oJALUKBARI oGUWAHATI oASSAM oPIN-781014 o3:THEoREGISTRAR GAUHATIoUNIVERSITY o Page No.# 2/4 GOPINATH BARDOLOI NAGAR JALUKBARI GUWAHATI ASSAM PIN-781014. 4:DR. JAGAT SWARGIARY RETIRED PROFESSOR R/O VILL- BARAMCHORI (KARKABARI) P.O. ATHIABARI DIST. BARPETA PIN-781372 5:DR. TIKEN DAS RETIRED PRINCIPAL BARAMA COLLEGE R/O PATHSALA TOWN P.O. PATHSALA DIST. BAJALI PIN-782325 ------------ Advocate for : MR. C BORUAH Advocate for : SC G U appearing for THE GAUHATI UNIVERSITY AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI