AJIT KUMAR SARMA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THIS rule arises out of an application under Article 226 of the Constitution. The Petitioner has been working as a Lecturer in the Handique Girls' College at Gauhati since 1947 This college has been recognised by the Gauhati University as such. The Petitioner applied for leave with any from to the 2nd January 1962 to 5th March 1962 with a view to contest a seat for Parliament and the leave was granted by the Governing Body of the College by its resolution dated the 9th March 1962. The Petitioner being defeated in the election sought permission of the, Governing body to rejoin his duties and the Governing body by its resolution No. 2 dated the 9th March 1962 permitted the, Petitioner to rejoin his duties after the expiry of the leave period that is on the 6th March 1962. The Petitioner joined his duties in accordance with the resolution of -the Governing, Body on 6th March 1962 and continued to work as a lecturer till the 5th April 1962.

(2.) THE Petitioner has impleaded in this petition the -governing Body of the Handique Girls' College as opposite party No. 30 Sri Suresh Chandra Rajkhowa, Director of public, inspection, Assam, Shillong as opposite party Ho. 2, and the State of Assam as opposite party No. 1.

(3.) SHORTLY put, the argument advanced by the counsel for the State is that it was not in the nation of a statutory obligation cast upon the Director of Public Instruction to issue certain instructions -to the Principal and the Secretary Handique Girls', College to refrain from acting under certain resolution passed by the Governing Body of the College and thus as there is no statutory duty cast upon the Director of Public Instruction no writ of mandamus can be issued by this Court under Article 226 of the Constitution in effect the argument is that the communication sent by the Director of Public Instruction Is in the nature of instructions issued, by hint from time to time in the exercise of his supervisory power and thus this Court will not interfere with such administrative instructions issued by the, Director of Public, Instruction