MUKTI NATH GOGOI Vs. STATE OF ASSAM
LAWS(GAU)-2022-1-21
HIGH COURT OF GAUHATI
Decided on
January 21,2022
Mukti Nath Gogoi
Appellant
VERSUS
STATE OF ASSAM
Respondents
Referred Judgements :-
RAMESH MALWARI VS. STATE OF PUNJAB [REFERRED TO]DELHI PUBLIC SCHOOL ANDANR. VS. M.K. GANDHI [REFERRED TO]
EXECUTIVE COMMITTEE OF VAISH DEGREE COLLEGE SHAMLI VS. LAKSHMI NARAIN [REFERRED TO]
DIPAK KUMAR BISWAS VS. DIRECTOR OF PUBLIC INSTRUCTION [REFERRED TO]
ANDI MUKTA SADGURU SHREE MUKTAJEE VANDAS SWAMI SUVARNA JAYANTI MAHOTSAV SMARAK TRUST VS. V R RUDANI [REFERRED TO]
TMA PAI FOUNDATION VS. STATE OF KARNATAKA [REFERRED TO]
BINNY LTD VS. V SADASIVAN [REFERRED TO]
SATIMBLA SHARMA VS. ST PAULS SENIOR SECONDARY SCHOOL [REFERRED TO]
SATIMBLA SHARMA VS. ST PAULS SENIOR SECONDARY SCHOOL [REFERRED TO]
ABDUL GOFUR MONDAL VS. STATE OF ASSAM AND ORS. [REFERRED TO]
DR. JANET JEYAPAUL VS. SRM UNIVERSITY & ORS [REFERRED TO]
MARWARI BALIKA VIDYALAYA VS. ASHA SRIVASTAVA & ORS [REFERRED TO]
TRIGUN CHAND THAKUR VS. STATE OF BIHAR [REFERRED TO]
JUDGEMENT
MICHAEL ZOTHANKHUMA,J. -
(1.)Heard Mr. I.H. Saikia, learned counsel for the petitioner. Mr. B. Chakraborty for the respondent Nos. 3 to 7 and Mr. S. Bhuyan appears for the respondent Nos. 1 and 2. No one appears for the respondent Nos. 8 and 9.
(2.)The petitioners in both the writ petitions have made a challenge to the letters dtd. 23/6/2018 issued by the respondent No. 4, by which their services have been terminated. However, before going into the question of the validity of the termination letters, the issue that has to be first decided is as to whether Girijananda Choudhury Institute of Management and Technology, Hatkhowapara (in short "the Institute") and the Society which runs it, i.e. the Shrimanta Shankar Academy, can be construed to be aState under Article 12 of the Constitution and even if held otherwise, whether it can be held amenable as an authority under Article 226 of the Constitution.
(3.)In WP(C) No. 5671/2018, the petitioner has put to challenge the letter dtd. 23/6/2018 issued by the respondent No. 4, terminating the service of the petitioner as Assistant Professor in the Department of Electronics &Telecommunication with immediate effect in terms of Clause 9 of the petitioner's appointment letter dt. 31/8/2012.
(2.)The petitioners in both the writ petitions have made a challenge to the letters dtd. 23/6/2018 issued by the respondent No. 4, by which their services have been terminated. However, before going into the question of the validity of the termination letters, the issue that has to be first decided is as to whether Girijananda Choudhury Institute of Management and Technology, Hatkhowapara (in short "the Institute") and the Society which runs it, i.e. the Shrimanta Shankar Academy, can be construed to be aState under Article 12 of the Constitution and even if held otherwise, whether it can be held amenable as an authority under Article 226 of the Constitution.
(3.)In WP(C) No. 5671/2018, the petitioner has put to challenge the letter dtd. 23/6/2018 issued by the respondent No. 4, terminating the service of the petitioner as Assistant Professor in the Department of Electronics &Telecommunication with immediate effect in terms of Clause 9 of the petitioner's appointment letter dt. 31/8/2012.
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