STATE OF ASSAM AND ANOTHER versus AJIT KUMAR SHARMA AND OTHERS

STATE OF ASSAM AND ANOTHER versus AJIT KUMAR SHARMA AND OTHERS

Mere administrative instructions, even where called 'rules,' do not have statutory force and confer no enforceable rights on teachers of private colleges under Article 226. Writ jurisdiction does not extend to enforcing or restraining such instructions, which are only matters between government and aided institutions.

Parties
Appellant: State of Assam; Respondent: Ajit Kumar Sharma; Respondent: Governing Body of Handique Girls College
Jurisdiction
India
Judgment Date
27 October 1964
Procedural Posture
Civil Appeal / Supreme Court Appeal From Assam High Court Decision
Outcome
Appeal allowed. Order of High Court issuing writ to State through Director set aside.
Legal Topics
Article 226, Administrative Instructions, Grant in Aid, Statutory Vs. Administrative Rules, Writ Jurisdiction
Constitutional Law Education Law Article 226 Administrative Instructions Grant in Aid Statutory Vs. Administrative Rules Writ Jurisdiction

Case Brief

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Parties

State of Assam

Appellant

Ajit Kumar Sharma

Respondent

Governing Body of Handique Girls College

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Assam High Court Decision

Legal Issues

  1. 1 Whether administrative instructions issued by the State, which affect conditions of service of teachers in aided private colleges, can be enforced by a writ petition under Article 226
  2. 2 Whether such instructions have statutory force
  3. 3 Whether the writ of mandamus can issue against the State and/or Governing Body in relation to administrative instructions

Ratio Decidendi

Mere administrative instructions, even where called 'rules,' do not have statutory force and confer no enforceable rights on teachers of private colleges under Article 226. Writ jurisdiction does not extend to enforcing or restraining such instructions, which are only matters between government and aided institutions.

Court Disposition

Appeal allowed. Order of High Court issuing writ to State through Director set aside.

Orders

  • Order of High Court issuing writ against State through Director set aside.
  • No order as to costs.