WP(C) 811/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. N. Dhar, learned counsel for the petitioner and Mr. M.K. Mishra, learn ed Standing Counsel, Education Department, Govt. of Assam. The issue revolves around the constitution of the District Academic Council, Cac har district, Silchar. The pleaded case of the petitioner who represents himsel f to be the Secretary of the District Academic Council, Cachar District, Silchar is that in terms of the relevant bye-laws applicable, a meeting of the concerne d heads of the institutions was held on 24.10.2009 after due notice of the agend a of formation of a new District Academic Council, Cachar, Silchar. In the said meeting, new office bearers of the said Academic Council were elected in terms of the bye-laws. Thereafter, though the petitioner requested the Respondent No. 4, the Inspector of Schools, Cachar district Circle, who incidentally was the Ex -Officio President of the said Council to fix a date of the meeting to facilitat e the taking of oath of the newly elected office bearers as per the convention, the latter instead, on 05.01.2010 constituted a new body of his own in gross dis regard to the norms prescribed by the bye-laws in connection therewith. The pet itioner’s challenge is directed against this action of the Respondent No.4 of wh ich the Respondent No.5 & 6 are the beneficiaries having been included in the ne w compositions. The Respondent Nos.4, 5 and 6 have filed their individual affidavits. The Respo ndent No.4, in particular, in his affidavit, has contended in substance, that th e meeting held on 24.10.2009 had not been attended by a majority of the heads of the institutions concerned and in fact and the proceedings thereof had been adm inistered against his view of postponing the same because of such thin attendanc e. The answering Respondent while alleging that the proceedings of the meeting o f 24.10.2009 had been furthered at the instance of the petitioner has pleaded as well that meanwhile, four Executive Members and the Vice President of the Distr ict Academic Council, Cachar have submitted their resignation. According to him, in view of these developments, he did not approve the constitution of the meeti ng of 24.10.2009 and instead notified another meeting to be held on 05.01.2010. According to him, the said meeting was attended by 117 heads of different High, Higher Secondary and M.P. Schools and in terms of the bye-laws the District Aca demic Council, Cachar was duly reconstituted. Whereas, Mr. Dhar has urged that the body elected in the meeting held on 24.10.2 009 has been in accordance with the bye-laws and that the Respondent No.4 in thi s premise had acted illegally and without jurisdiction in installing another bod y of his choice of 05.01.2010, Mr. Mishra has contended that having regard to t he disputed questions of facts requiring a thorough probe into the same, it woul d be appropriate if the said exercise is left to the Director of Secondary Educa tion, Assam to arrive at a correct decision. After hearing the learned counsel for the parties and on a consideration of the contentious stands taken by the parties, the course suggested by Mr. Mishra appe ars to be acceptable. This petition thus stands disposed with a direction to th e Director of Secondary Education, Assam, the Respondent No.3 to examine the iss ues, strictly in accordance with the bye-laws applicable. The said authority wo uld duly examine the relevant records and facts and after according reasonable o pportunity of hearing to the parties involved take an appropriate decision as to which of the two bodies, as above ought to be approved and installed for discha rging the necessary activities as contemplated by the bye-laws. As a resolution of this dispute has a considerable significance vis-à-vis the State Academic Co uncil of the heads of Secondary Schools, Assam, the exercise as directed should be completed within a period of 6(six) weeks from the date of receipt of the cer tified copy of this order. No costs.