WP(C) 4130/2010 BEFORE HON’BLE MR. JUSTICE N.KOTISWAR SINGH Heard Mr M. Khan, learned counsel for the petitioner and Mr P.N. Goswami, learne d counsel appearing for respondent Nos. 1 & 2 as well as Mr. I.H. Saikia, learne d counsel appearing on behalf of the remaining respondent Nos. 3 to 8. In the present writ petition, the petitioner has challenged the order da ted 17-07-2010 p[assed by the Director of Higher Education, Assam under Order No . G(B) GB.46/2002/130 by which, the three guardian members of the Governing Body of Jaleswar College, which included the petitioner were replaced by other three new members on the ground that the wards of the aforesaid three members were no more regular students of Jaleswar College. The main contention of the petitioner is that it is not factually correc t that the ward of the petitioner i.e. Afsar Rahman is no more regular student o f the said college and as such, the aforesaid cancellation of the membership of the petitioner from the Governing Body is prima facie is not legal and tenable. Mr. I. H. Saikia, learned counsel for the respondent Nos. 3 to 8 has stated that there is certain irregularity in passing the impugned order inasmuch as the Gov erning Boxy has removed the aforesaid petitioner from the membership of the Gove rning Body on the ground that he was not cooperating with the Governing Body as well as he was continuously absent nine times from the meetings of the Governing Body as reported by the school authorities and not on the ground that his ward is no more regular student of the said college as mentioned in the impugned orde r. I have heard the learned counsel appearing for the parties. Even though the Governing Body has recommended for removal of the name o f the petitioner for not cooperating with the Governing Body and also for being absent nine times from the meetings of the Governing Body, the Director of High er Education on the contrary assigned the reason for his removal, i.e., that the ward of the petitioner is no more regular student of the said college, which is not factually correct. According, it is ordered that consequently, the Director of Higher Educa tion, Assam is directed to review his decision and take appropriate action on th e basis of the recommendation made by the Governing Body on 14-07-2007 (Annexure -9 to the writ petition) and pass an appropriate order in this regard. The whole process shall be completed within a period of 4 weeks from the date of receipt of a certified copy of this order. It is stated that while passing interim order by this Court on 28-07-201 0, it was observed that the petitioner’s son is studying as a regular student of TDC 2nd year at Jaleswar College. The petitioner may continue to remain as a me mber of the Governing Body till the appropriate order is passed by the Director of Higher Education, Assam as directed above. The writ petition stands allowed to the extent indicated above.