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
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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
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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
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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
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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
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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
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