Hedayatullah Kazi vs . State Of Meghalaya & Ors.
2024 Latest Caselaw 89 Meg

High Court of Meghalaya

Hedayatullah Kazi vs . State Of Meghalaya & Ors. on 29 February, 2024

Author: H. S. Thangkhiew

Bench: H. S. Thangkhiew

Serial No. 01
Regular List
                        HIGH COURT OF MEGHALAYA
                              AT SHILLONG

Review Pet. No. 9 of 2023
                                            Date of Decision: 29.02.2024

Hedayatullah Kazi                 Vs.         State of Meghalaya & Ors.

Coram:
                   Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner(s)             :     Mr. S. Chanda, Adv.

For the Respondent(s)             :     Ms. S. Ain, GA

i)    Whether approved for reporting in                   Yes/No
      Law journals etc:

ii)   Whether approved for publication                    Yes/No
      in press:


                      JUDGMENT AND ORDER (ORAL)

1. This review application is for review of the Judgment and

Order dated 28.09.2023 passed in WP(C) No. 287 of 2023 and WP(C)

No. 326 of 2023, wherein this Court had directed that with regard to the

approval of any fresh Governing Body of the College, the respondent

No. 2, shall dispose of the same in accordance with law, and to adhere to

the Assam Aided College Management Rules, 1976.

2. Mr. S. Chanda, learned counsel for the review petitioner has

submitted the fact that the Assam Aided College Management Rules,

1976 is not applicable to the writ petitioner's College, inasmuch as, the

same is receiving lump sum grant, was not brought to the notice of this

Court, as such the same has occasioned the order, of which a review is

sought for.

3. Ms. S. Ain, learned GA for the respondents submits that the

submission of the learned counsel petitioner is correct, inasmuch as, with

regard to Colleges receiving lump sum grant, these Rules is not

applicable. She however, submits that in the normal course of business

with regard to dealing with these Colleges, the Director of Higher and

Technical Education (respondent No. 2) is the competent authority for

granting of approvals, for re-constitution of any Governing Body. She

further submits that with regard to the petitioner's College, the approval

is not forthcoming in view of the anomalies which have been detected,

and which are being looked into.

4. In this view of the matter, as it is not disputed as to the non-

application of the Rules, the observation in the order dated 28.09.2023 as

far as Para-8 is concerned, shall not form part of the order any longer and

the same shall stand reviewed and deleted therefrom.

5. Accordingly, this review petition is allowed to the extent

indicated above and disposed of.

JUDGE

Meghalaya 29.02.2024 "V. Lyndem-PS"